Vishal Dahiya v. State Of Haryana

2024:PHHC:031178

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-57516-2023 Date of decision : 05.03.2024 VISHAL DAHIYA ....Petitioner

Versus

STATE OF HARYANA ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN

Present:

Mr. Pawan K. Hooda, Advocate for the petitioner. Mr. A.K. Sehrawat, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) On 15.11.2023, the following order was passed :- "Apprehending his arrest in FIR No.274 dated 09.09.2023 registered for offence punishable under Sections 323, 34, 506 IPC, later on added Sections 325, 307 IPC at Police Station Murthal, District Sonipat, the petitioner has preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail. Inter-alia submits that the petitioner has not been named in the FIR and even if the prosecution is to be believed, the name of the petitioner is stated to have cropped up in the statement made by victim and even as per the said statement it is accused Raju who attacked and caused injuries and not the petitioner. Notice of motion.

On asking of the Court, Mr. Gaurav Bansal, D.A.G., Haryana appears and accepts notice on behalf of the respondent/State.

Adjourned to 05.03.2024.

In the meantime, 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 Officer/ Investigating Officer. As and when called, the petitioner shall Deepak Kumar 2024.03.05 16:12 I attest to the accuracy and integrity of this document

CRM-M-57516-2023 -22024:PHHC:031178 join the investigation. He shall abide by the conditions enumerated under Section 438(2) of the Cr.P.C." 2.

Today, Ld. State Counsel on instructions from ASI Sandeep submits that the petitioner has already joined investigation and is no more required for custodial interrogation.

3.

Without commenting on the merits of the case and in view of the aforesaid fact, order dated 15.11.2023 is made absolute, subject to the conditions as enumerated under Sections 438(2) Cr.P.C. 4.

This order should not be treated as "blanket" order. It will not be read granting the petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

6.

The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.

7.

It will be open to the police or the investigating agency to move this Court for a direction under Section 439(2) Cr.P.C. to arrest the accused, in the event of violation of any term, such as absconding, non-cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. 8.

Petition stands disposed off accordingly.

March 05, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.03.05 16:12 I attest to the accuracy and integrity of this document