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High Court of Punjab and HaryanaCRM-M/39953/2024allowed

Sompal v. State Of Haryana

2024-09-19Mr. Justice Kuldeep Tiwari3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 19.09.2024 Sompal

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Omkar Chauhan, Advocate for the petitioner.

Mr. Bhupinder Singh, DAG, Haryana.

**** KULDEEP TIWARI, J. (ORAL) 1.

On 14.08.2024, this Court had passed the hereinafter extracted order, upon the instant petition:- "Through the instant petition, as instituted under Section 482 of B.N.S.S., the petitioner has sought the concession of his being enlarged on anticipatory bail, in case FIR No.663 dated 23.11.2023, under Sections 148, 149, 323, 324 and 506 (under Section 326 of IPC, added later on), registered at Police Station 32-33, District Karnal.

In asking for the relief (supra), learned counsel for the petitioner submits that the injury which attracts the penal provisions of Section 326 of IPC, is not attributed to the present petitioner. Learned counsel for the petitioner further submits that other co-accused of the petitioner have already been granted the relief of regular bail by this Court. Notice of motion.

Mr. Bhupender Singh, DAG, Haryana, waives service of

notice on behalf of the respondent-State.

List on 19.09.2024.

In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency as and when called upon to do so. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bond to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C. "

2.

Today, the learned State counsel has, on instructions imparted to him by the official concerned, stated that pursuant to the making of the hereinabove extracted order, the petitioner(s) had joined investigation and he is no longer required for further custodial interrogation. 3.

In view of the above, the hereinabove extracted interim order dated 14.08.2024, is hereby made absolute, subject to the hereinafter extracted conditions:- "(i) the petitioner(s) shall not commit an offence similar to the present offence;

(ii) the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

(iii) the petitioner(s) shall make himself/herself available for interrogation by a police officer as and when required." 4.

This order should not be treated as "blanket" order. It will not be read granting petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

5.

Needless to say that anything observed hereinabove shall not be construed to be an opinion on the merits of the case. 19.09.2024 (KULDEEP TIWARI) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No