Jagdish v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-6.5.2022 Jagdish ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Abhinav Prashar, Advocate for Mr. Jashandeep Singh Sandhu, Advocate for the petitioner. Mr. Rahul Mohan, DAG, Haryana, assisted by ASI Mahabir.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.54 dated 23.1.2021, Police Station City Sirsa, District Sirsa, Haryana, under Sections 489-A, 489-B, 489-C of Indian Penal Code.

2.

At the time of issuance of notice of motion on 26.11.2021, the following order was passed:

"Learned counsel for the petitioner contends that the FIR was lodged on the basis of a secret information to the effect that one

( 2 ) Ravi @ Vicky had been sent by someone to collect payment and to whom some unknown person had handed over counterfeit currency notes and now Ravi was trying to pass on the same, as genuine, in market and was presently standing near Auto Market. Upon receipt of said information the police apprehended aforesaid Ravi @ Vicky from whom counterfeit currency notes worth Rs.71,000/- were recovered. It is further the case of prosecution that upon interrogation he suffered a disclosure statement to the effect that he had been sent by Rajinder to collect fake currency notes and that he had purchased the said fake/counterfeit currency notes @ Rs.500/- for counterfeit currency notes worth Rs.4000/- from Jagdish.

Learned counsel for the petitioner submits that apart from the aforesaid disclosure statement there is no credible evidence to connect him with the alleged occurrence and that he has a clean record.

Notice of motion for 18.4.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Learned State counsel, upon instructions from ASI Mahabir, has informed that pursuant to interim directions, the petitioner has since joined investigation and is not required for any custodial interrogation. It has further been informed that the petitioner stands involved in one more case of similar nature.

4.

I have considered rival submissions addressed before this Court.

( 3 ) 5.

It is not in dispute that the petitioner came to be nominated on the basis of a disclosure statement made by co-accused, the admissibility and veracity of which would be debatable. In any case, since the petitioner has already joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 26.11.2021 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 6.5.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No