High Court of Punjab and HaryanaCRM-M/50713/2019allowed

Harsh Sehgal v. State Of Haryana

2021-09-28Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.203 Case No. : CRM-M-50713-2019 (O&M) Date of Decision : September 28, 2021 Harsh Sehgal ....

Petitioner vs.

State of Haryana ....

Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. (Through Video Conferencing) * * * Present :

Mr. R. D. Gupta, Advocate for the petitioner.

Ms. Tanushree Gupta, DAG, Haryana.

Mr. D. K. Tuteja, Advocate for the complainant.

* * * MANJARI NEHRU KAUL , J.

(Oral) :

The instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.226 dated 31.10.2019, under Sections 354-D, 506, 509 IPC and Section 67(A) of the IT Act (Section 201 IPC added later on), registered at Police Station Women, Panipat, District Panipat.

Learned counsel for the petitioner states that in compliance of order dated 29.11.2019, passed by this Court, the petitioner has joined investigation and handed over his mobile phone to the Investigating Agency.

Learned State counsel, on instructions from Inspector/SHO Sunita, has not disputed the factum of the petitioner having joined investigation. While inviting the attention of this Court to the Status Report filed by DSP Baroli, District Panipat, she has further submitted that though the complainant had lodged another FIR No.1023 dated 09.12.2012, under MONIKA 2021.09.28 16:30 I attest to the accuracy and integrity of this document

CRM-M-50713-2019 (O&M) : 2 :

Sections 195-A, 341 IPC, registered at Police Station Old Industrial, Panipat against the petitioner, however, during investigation, the petitioner was not found involved, as a result of which, an "Untraced Report" was prepared by the police.

Learned State counsel has further apprised the Court that the custodial interrogation of the petitioner is not required in the instant case. It has also been submitted that challan has been prepared and is likely to be presented shortly.

In view of the above, the petition is allowed and interim order dated 29.11.2019 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

September 28, 2021 (MANJARI NEHRU KAUL) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No MONIKA 2021.09.28 16:30 I attest to the accuracy and integrity of this document