Amit vs State Of Haryana
2023 Latest Caselaw 12346 P&H

            CRM-M-28025-2023                                                          2023:PHHC:102549
                                                                                               --1--

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                             AT CHANDIGARH

            209                                                      CRM-M-28025-2023
                                                                     Date of decision: 08.08.2023

            Amit
                                                                                               ....Petitioner
                                                        Versus

            State of Haryana
                                                                                             ...Respondent

            CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

            Present :              Mr. U.K. Agnihotri, Advocate with
                                   Mr. Anshul Agnihotri, Advocate, for the petitioner.

                                   Mr. Baljinder Singh Virk, Sr. DAG, Haryana.

                                                *****

AMAN CHAUDHARY. J.

1. On 31.05.2023, this Court had passed the following order:-

"The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.202 dated 17.04.2023, registered under Sections 379-B, 34 IPC at Police Station Kharkhoda, District Sonipat.

Learned counsel contends that the name of the petitioner had surfaced based on disclosure statement of co-accused as per which the empty bottle was hit by co-accused Sachin to the complainant Vijender, whose motorcycle was also allegedly snatched by co-accused Sachin and Ritesh. There is no overt act attributed to the petitioner. He is also not involved in any other case and is ready and willing to join investigation as and when required by the investigating agency.

Notice of motion.

At the asking of the Court, Mr. Jagdish Manchanda, Additional AG Haryana accepts notice on behalf of respondent- State.

Meanwhile, the petitioner is directed to join the investigation on or before 05.07.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of the conditions as enshrined under Section 438(2) Cr.P.C.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, this interim order shall be deemed to have been vacated.

Adjourned to 08.08.2023."

Ankur Goyal 2023.08.10 19:38 I attest to the accuracy and integrity of this order/judgment CRM-M-28025-2023 2023:PHHC:102549

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2. Learned counsel for the petitioner submits that in pursuance of the

aforesaid order, the petitioner has not only joined investigation but has also fully

cooperated with the investigating agency. He further submits that in case the

investigating agency requires the petitioner to appear, he shall make himself

available without demur.

3. Learned State counsel on instructions from ASI Parveen affirms the

factum of joining the investigation by the petitioner and cooperating with the

investigating agency. He also submits that at this stage, the petitioner is not

required for further custodial interrogation.

4. In view of the above and without expressing any opinion on the

merits of the case, anticipatory bail petition filed by the petitioner is allowed and

the order dated 31.05.2023 granting interim bail to him, is hereby made absolute,

subject to compliance of conditions as specified under Section 438(2) Cr. P.C

5. However, it is made clear that if the petitioner fails to join and

cooperate with the investigating agency as and when required, the State would be

at liberty to move an application for cancellation of the present anticipatory bail

granted to him.

                                                                    (AMAN CHAUDHARY)
                                                                          JUDGE
            08.08.2023
            Ankur
                        Whether speaking/reasoned :        Yes/No

                        Whether reportable           :     Yes/No




Ankur Goyal
2023.08.10 19:38
I attest to the accuracy and
integrity of this order/judgment