Punjab-Haryana High Court
Nishant Gakher vs State Of Haryana on 18 March, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No. 63076 of 2023 (O&M) ss: 2024: PHHC:038575 207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 63076 of 2023 (O&M) Date of decision : 18.03.2024 Nishant Gakher 2 i es--s--'"sss Petitioner versus StateofHaryana 2a Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN Present :- REK Mr. S.S.Narula, Advocate for the petitioner. Mr. Gaurav Bansal, DAG, Haryana. 3K OK 3k PANKAJ JAIN, J. (ORAL)1
Present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.0568 dated 21.08.2023,registered for offences punishable under Sections 323/506 IPC and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 at Police Station Chandni Bagh, Panipat, District Panipat.
2 POOJA SHARMA 2024.03.19 11:51 I attest to the accuracy and authenticity of this order/judgment.On 15.12.2023 the following order was passed:-
"Learned counsel for the petitioner submitted that the present FIR was lodged as a counterblast to a matrimonial dispute by which the petitioner has filed a petition under Section 13 of the Hindu Marriage Act, 1955.
Notice of motion.
Mr. Vishal Kashyap, DAG, Haryana, accepts notice on behalf of the respondent-State.
Adjourned to 18.03.2024.
In the meantime, the petitioner is directed to join the 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 CRM-M No. 63076 of 2023 (O&M) 2: 2024: PHHC:038575 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."
3 Learned State counsel on instructions from ASI Pardeep Kumar has stated that pursuant to the order dated 15.12.2023 the petitioner has joined investigation and is no longer required for custodial interrogation. 4 In view of above, the interim order dated 15.12.2023 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.
5 This order should not be treated as "blanket" order. It will not be read granting 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. 6 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.
7 The petitioner shall be deemed to be in custody for the purpose of Section 27 of the Evidence Act, 1872 in regard to a discovery of facts made in pursuance of information supplied by the petitioner in case the occasion arises.
8 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.
3024.03.19 11-54 T attest to the accuracy and authenticity of this order/judgment.
CRM-M No. 63076 of 2023 (O&M) 333: 2024: PHHC:038575 9 Petition stands disposed off.
10 Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case.
(PANKAJ JAIN ) JUDGE 18.03.2024 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2024.03.19 11:51 I attest to the accuracy and authenticity of this order/judgment.