Punjab-Haryana High Court
Sushil Kumar vs State Of Haryana on 20 March, 2024
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
Neutral Citation No:=2024:PHHC:041527
CRM M-64369 of 2023 Neutral Citation No. 2024:PHHC:041527
212 IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM M-64369-2023 (O&M)
Date of Decision: 20.03.2024
Sushil Kumar ......... Petitioner
Versus
State of Haryana ........Respondent
CORAM: HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU Present: Ms.TaanviDhull, Advocate, for the petitioner.
Mr.Kiran Pal Singh, Haryana.
Mr. KapilAggarwal, Advocate, for the complainant.
MAHABIR SINGH SINDHU. J.
Present petition has been filed under Section 438 of the Code of Criminal Procedure (for short "Cr.P.C") for seeking pre-arrest bail in FIR No.721 dated 08.12.2023 registered under Section306 read with Section 34 IPC at Police Station, Civil Lines, Hisar.
2. Allegations are that brother of complainant, namely, Satyavan committed suicide on the instigation of petitioner.
3. This Court vide order dated 21.12.2023, granted interim bail to petitioner and the same reads as under:-
"Contends inter alia that in view of the judgment of Hon'ble the Supreme Court in MohitSinghal and another Vs. The State of Uttarakhand and others, Criminal Appeal No.3578 of 2023, decided on 01.12.2023, no offence under Section 306 of the IPC is made out against the petitioner.
Notice of motion for 21.02.2024.
Mr. Kiran Pal Singh, AAG, Haryana, accepts notice on behalf of the respondent-State and seeks time to have instructions and/or file written response in the matter.
In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the 1 1 of 2 ::: Downloaded on - 06-04-2024 02:01:29 ::: Neutral Citation No:=2024:PHHC:041527 CRM M-64369 of 2023 Neutral Citation No. 2024:PHHC:041527 Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure, 1973."
4. Learned counsel on instructions from petitioner submits that in pursuance of the aforesaid order, he has joined investigation, therefore, his custodial interrogation is not required.
5. The above factual position is duly acknowledged by learned State Counsel, on instructions from quarter concerned and fairly submitted that custodial interrogation of the petitioner is not required, at this stage.
6. Although, learned counsel for complainant objected to the prayer of the petitioner, but since State is not asking for custodial interrogation; nor any recovery is to be effected from the petitioner; therefore, the objection of complainant stands rejected. As a result thereof, the interim order dated 21.12.2023 is made absolute, subject to the conditions as envisaged under Section 438(2) Cr.P.C.
7. It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.
8. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.
9. Disposed off accordingly.
10. Pending criminal misc. application(s), if any, shall also stand disposed off.
20.03.2024 (MAHABIR SINGH SINDHU)
SN JUDGE
Whether speaking/reasoned : Yes/No
Whether Reportable: Yes/No
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