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High Court of Punjab and HaryanaCRM-M/52980/2023allowed

Rajbir Alias Rajveer v. State Of Haryana

2024-01-19Mr. Justice Sanjiv Berry2 pages

N.C. No.2024:PHHC:007282

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-52980-2023 (O&M) Date of decision: 19.01.2024 RAJBIR ALIAS RAJVEER ....Petitioner(s)

Versus

STATE OF HARYANA

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Som Nath Saini, Advocate for Mr. K.L. Saini, Advocate for the petitioner(s). Ms. Gaganpreet Kaur, DAG Haryana.

***** SANJIV BERRY. J. (Oral) By way of present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR as under: FIR No.

Dated Sections Police Station 05.09.2023 17-B of the NDPS (Section 29-A NDPS added later on) Civil Lines, Jind, District Jind 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 18.10.2023 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel, on instructions from SI Sultan Singh has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation. 4.

Heard.

5.

During the course of proceedings on 18.10.2023, the following order SANDAL SHARMA 2024.01.19 17:28 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2024:PHHC:007282 CRM-M-52980-2023 (O&M) -2was passed:- "Notice of motion.

On advance service of copy of petition learned State counsel appears and accepts notice on behalf of the respondent-State of Haryana and seeks to file a report. Adjourned to 19.12.2023.

In the meanwhile, petitioner shall join investigation, as and when required by the Investigating Agency and subject to his reporting to the Investigating Officer within two weeks from today, no coercive steps qua arrest of the petitioner shall be taken. In case, his arrest is required to be caused, petitioner shall be released on bail by the Arresting Officer till the next date of hearing on his furnishing personal bonds to the satisfaction of Arresting Officer. Petitioner shall also abide by all the conditions as envisaged under Section 438 (2) Cr.P.C." 6.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 18.10.2023 passed by this Court, interim bail granted vide order dated 18.10.2023 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

7.

The petition stands allowed.

(SANJIV BERRY) JUDGE 19.01.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2024.01.19 17:28 I attest to the accuracy and authenticity of this order/judgment