Hasneet Singh v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 10.01.2024 HASNEET SINGH ....Petitioner(s)

Versus

STATE OF HARYANA AND ANOTHER

...Respondent(s)

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

Mr. P.S. Jammu Advocate for the petitioner.

Mr. Surender Singh, AAG 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 (Annexure P-1) as under:

FIR No.

Dated Sections Police Station 11.09.2023 406, 420, 506 of the IPC (Section 467, 468, 471 IPC added later on) Civil Lines, District Kaithal 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 26.10.2023 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 Naresh Kumar has intimated that the petitioner has joined investigation and is no more required for

-2any custodial investigation in this case nor he is required for further investigation. 4.

Heard.

5.

During the course of proceedings on 26.10.2023, the following order was passed:- "The petitioner has filed the present petition for grant of anticipatory bail in case FIR No. 0370 dated 11.9.2023 under Sections 406, 420, 506 IPC (offences under Sections 467, 468, 471 IPC added later on), registered at Police Station Civil Lines, District Kaithal.

Learned counsel for the petitioner submits that the matter has now been compromised and they have also filed a quashing petition bearing No. CRM-M-51948 of 2023 titled as "Hasneet Singh and another Vs. State of Haryana and others" wherein, notice of motion has been issued for 14.12.2023 and the parties to the lis were directed to appear before the trial Court/Duty Magistrate concerned, for recording their respective statements qua the compromise. He has further submitted that since the petitioner is apprehending his arrest, in case he appears before the trial Court for getting his statement recorded, therefore, his arrest may be stayed. Mr. Apurav Kamboj, Advocate has put in appearance on behalf of respondent No.2 and admits the factum of compromise and submits that all the four victims have compromised the matter.

Notice of motion for 10.1.2024.

On the asking of the Court, Mr. Gurmeet Singh, AAG, Haryana accepts notice on behalf of the State of Haryana. In the meanwhile, in the event of arrest, the petitioner shall be released on interim bail, subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer concerned. The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under Section 438(2) of the 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 26.10.2023 passed by this Court, interim bail granted vide order dated 26.10.2023 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

-3the 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 10.01.2024 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No