Pardeep v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : May 09, 2024 Pardeep ....Petitioner

VERSUS

State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Mukesh Yadav, Advocate, for the petitioner Mr. Abhinash Jain, DAG, Haryana KULDEEP TIWARI,J. (ORAL) 1.

Through the instant petition, prayer for grant of pre-arrest bail in case FIR No. 248 dated 19.5.2023 under Sections 380,454 IPC, later on added Section 411 IPC, registered at Police Station Civil Lines, Hisar, has been made.

2.

On 29.2.2024, the following order was passed by this Court:- "Learned State counsel, on instructions imparted to him by SI Bijendra, submits that petitioner has joined investigation on 26.02.2024 in compliance to the order passed by this Court on dated 20.09.2023, however, he has not fully co-operated with the investigating officer,

as the petitioner did not get recovered the stolen articles.

He further while opposing the grant of pre-arrest bail, he submits that the petitioner is involved in three more criminal cases of similar nature, which have not been disclosed by learned counsel for the petitioner, which disentitle the present petitioner for pre-arrest bail. Faced with the above difficulty, learned counsel for the petitioner submits that the petitioner may be granted one more opportunity to re-join the investigation and he assures this Court that the the petitioner would fully cooperate with the investigating officer. In view of the above statement suffered by learned counsel for the petitioner, the petitioner is directed to re-join the investigation within 15 days from today with the investigating officer and is also directed to fully cooperate with him. Adjourned to 15.04.2024.

Interim order to continue."

3.

Again the petitioner joined the investigation but did not cooperate and therefore, vide order dated 15.4.2024, the petitioner was granted one more opportunity to join the investigation and to fully cooperate.

4.

Learned State counsel, on instructions imparted to him by SI Bijender Singh, informed this Court that though the petitioner has joined the investigation but has not got recovered the stolen

articles only with an intention to scuttle the investigation. This Court cannot allow the petitioner, under the grab of pre-arrest bail, to scuttle the investigation, and therefore, causing prejudice to the prosecution agency.

5.

Considering the conduct of the petitioner, this Court is not inclined to further extend the benefit of pre-arrest bail to the petitioner. Therefore, the instant petition is ordered to be dismissed.

( KULDEEP TIWARI ) May 09, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No