Deepak Sharma v. State Of Haryana

2024:PHHC:002221

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No.63845 of 2023 (O&M) Date of Decision: 09.01.2024 Deepak Sharma ........ Petitioner V/s.

State of Haryana ........Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Puneet Bali, Sr. Advocate with Mr. Uday Agnihotri, Advocate and Mr. Shivam Sharma, Advocate for the petitioner.

Mr. Vikram Pamboo, Sr. DAG, Haryana.

*** Anoop Chitkara, J. (Oral) FIR No.

Dated Police Station Sections 20.04.2023 Anti corruption Bureau, Panchkula, Haryana 7, 7/A, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 read with Sections 120-B and 384 IPC.

The petitioner apprehending the arrest in the FIR captioned above, has come up before this Court under Section 438 Cr.P.C. seeking bail. 2.

Reply filed by way of affidavit of Deputy Superintendent of Police, Anti Corruption Bureau, Haryana on behalf of respondent, by the State counsel in Court today is taken on record.

3.

Vide order dated 19.12.2023, this Court has granted interim bail to the petitioner, which is continuing till date.

4.

State counsel objected the contents of sub-clause XII of paragraph No.3 and opposes the bail petition. Sub-clause 12 of paragraph 3 reads as under: "xii) That is pertinent to note that the petitioner made a statement under Section 164 Cr.P.C.. However, the said statement was made under pressure and coercion of the investigating agency, on the pretext that the petitioner will merely be made an approver in the instant case."

5.

On instructions from Mr. Vikas Sharma-the petitioner's brother who is present in Court today, counsel for the petitioner submits that he would withdraw sub clause 12 of paragraph No.3 of the petition.

6.

The State in its reply specifically does not seek custody of the petitioner, given the fact that the petitioner was not a beneficiary. On this ground alone and coupled with the fact that Poonam Chopra and Vijay Dahiya have been released on regular bail, there is no justification to send the petitioner to custody. 7.

Given above, the petition is allowed and interim order dated 19.12.2023 is made absolute. All pending miscellaneous applications, if any, stand disposed of. 9th January, 2024 (ANOOP CHITKARA) Sonia Puri JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Sonia Puri 2024.01.11 17:15 I attest to the accuracy and integrity of this order/judgment