Mohammad Irshad v. State Of Haryana

2024:PHHC:034406 101+IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-54571-2023 (O&M) Date of Decision : March 11, 2024

Mohammad Irshad .....Petitioner 
State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

None for the petitioner.

Mr. Kanwar Sanjiv Kumar, Asstt. A.G., Haryana. JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in FIR No.132 dated 01.08.2023 under Sctions 147, 148, 149, 323, 186, 283, 295-A, 332, 353, 341, 435, 307, 379-B/201 IPC and 3 PDPP Act and Sections 25, 54 and 59 of the Arms Act registered at Police Station Bichhore, District Nuh Mewat, Haryana.

On 08.12.2023, the following order was passed :- "The counsel for the petitioner submitted that even as per the affidavit filed by the State, no role has been attributed to the petitioner and he has been falsely implicated. He further submitted that so far as comparing of CDR for the purpose of observing as to whether the petitioner was present at the spot or not, as per the CDR and call location of the petitioner, the petitioner was not present at the spot and was far away from the disputed spot and it is SATISH KUMAR 2024.03.12 14:56 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-54571-2023 (O&M) -2further submitted that the petitioner has been falsely implicated in the present case.

Adjourned to 11.3.2024.

In the meantime, the petitioner is directed to join investigation and to co.operate fully with the investigation process and on his doing so, the petitioner be released on interim bail, subject to his furnishing personal bonds and surety to the satisfaction of the Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

Despite the passing of the aforementioned order, the petitioner has not joined the investigation. In fact none has appeared on his behalf today.

Therefore, the present petition stands dismissed. The interim order dated 08.12.2023 also stands vacated. ( JASJIT SINGH BEDI ) March 11, 2024 JUDGE satish


   Whether reportable : YES / NO SATISH KUMAR 2024.03.12 14:56 I attest to the accuracy and integrity of this document High Court Chandigarh