Punjab-Haryana High Court
Sanjay vs State Of Haryana on 19 September, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
204
CRM-M-26608-2022
Decided on : 19.09.2022
Sanjay
. . . Petitioner(s)
Versus
State of Haryana
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. S.K. Panwar, Advocate
for the petitioner(s).
Mr. Ashish Yadav, Addl. AG, Haryana.
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SANJAY VASHISTH, J. (Oral)
Prayer in this petition, filed under Section 438 of the Code of
Criminal Procedure, 1973, is for grant of anticipatory bail to the petitioner,
who has been booked for having committed the offences punishable under
Sections 188, 379 of IPC and Section 21(4) of Mines and Minerals
(Regulation and Development) Act, 1957, in a case arising out of FIR No.
23, dated 12.01.2022, registered at Police Station Chandhut, District Palwal,
Haryana (Annexure P-1).
On 16th June, 2022, following order was passed by the
coordinate Bench of this Court:-
"Counsel for the petitioner, inter alia, contends that two FIR
Nos.17 and 23 of the same date were lodged against the
petitioner on the similar set of allegations. In one FIR No.17, the
mention was made of the mining by the petitioner by tractor-
trolley, whereas in the present FIR No.23, the mining was
allegedly being done by the petitioner by JCB machine. It is
JAWALA RAM
2022.09.19 19:22
I attest to the accuracy and
authenticity of this order/judgment.
submitted qua FIR No.17; benefit of anticipatory bail was
granted to the petitioner by the learned Additional Sessions
Judge, Palwal on 23.05.2022 (Annexure P-3) and was extended
on 30.05.2022 (Annexure P-4). However, in present FIR No.23,
the anticipatory bail application has been dismissed by the
Court below.
Notice of motion.
Mr. Pankaj Mulwani, DAG, Haryana accepts notice on
behalf of respondent-State and prays for time to have
instruction.
On his request, adjourned to 19.09.2022.
In the meantime, it is directed that the petitioner shall join
investigation and in the event of his arrest, he shall be released
on ad interim bail by the Investigating Officer. The petitioner
shall join investigation as and when required and shall comply
with the conditions laid down under Section 438(2) Cr.P.C."
Learned counsel for the petitioner contends that in compliance
of the order dated 16.06.2022, passed by the coordinate Bench of this Court,
the petitioner has joined the investigation.
Learned counsel for the State on instructions from HC Surender
Singh, corroborates the said averment and submits that the custodial
interrogation of the petitioner is not required for the purpose of investigation.
Heard learned counsel for the parties.
Since the petitioner has joined the investigation and his custodial
interrogation is not required, the present petition is allowed and the ad-
interim order dated 16.06.2022 is made absolute.
JAWALA RAM
2022.09.19 19:22
I attest to the accuracy and
authenticity of this order/judgment.
However, the petitioner shall continue to join the investigation
as and when required to do so and abide by all the conditions laid down
under Section 438(2), Cr.P.C.
Petition is disposed of.
(SANJAY VASHISTH)
JUDGE
September 19, 2022
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
JAWALA RAM
2022.09.19 19:22
I attest to the accuracy and
authenticity of this order/judgment.
