Wajid Malik vs State Of Haryana
2023 Latest Caselaw 13905 P&H

            CRM-M-25156-2022                                                       2023:PHHC:109881

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                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                             AT CHANDIGARH

            206                                                     CRM-M-25156-2022
                                                                    Date of decision: 23.08.2023

            Wajid Malik

                                                                                    ....Petitioner
                                                       Versus


            State of Haryana
                                                                                      ...Respondent


            CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

            Present :              Mr. Jaivir Singh Chandail, Advocate, for the petitioner.

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

                                               *****

AMAN CHAUDHARY. J.

1. On 07.07.2022, this Court had passed the following order:-

1. The petitioner is directed to forthwith hand over all the electronic gadgets as well as the computer hardware(s) to the investigating officer concerned.

2. After the afore being done, the investigating officer concerned, shall report to this Court whether the soft copies of purportedly forged e-way bills, and, of purportedly forged vouchers are existing thereins, and, shall also report whether they have been deleted therefrom. Moreover, subject to the meteing of the afore co-operation by the petitioner, the investigating officer concerned, in the event of his taking to arrest the petitioner, may not arrest him. However, subject to the bail applicant-petitioner furnishing personal and surety bonds in the sum of Rs. 2,00,000/- each, to the satisfaction of the arresting officer, and, with a further condition, as submitted by the counsel for the petitioner, qua his depositing before the investigating officer concerned, a sum of Rs. 10,00,000/- (Ten lacs). The investigating officer concerned, after receiving the afore sum of Rs. 10 lacs, shall forthwith make its deposit in the malkhana of the police station concerned, and, after his proceeding to institute a report under Section 173 Cr.P.C., shall cause its deposit in the establishment of the learned trial Judge concerned. However, its disbursement shall become regulated by the outcome of the trial, as may become entered into by the learned trial Judge concerned. The bail applicant shall also give Ankur Goyal 2023.08.23 17:08 I attest to the accuracy and integrity of this order/judgment CRM-M-25156-2022 2023:PHHC:109881

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an undertaking before the arresting officer, that as and when he is summoned through a written Hukamnama, he shall ensure his rendering cooperation to the investigating officer.

3. For an intimation, being made to this Court, by the learned State counsel, with respect to the afore ad interim bail conditions, being complied with, by the petitioner, the matter be listed on 17.8.2022.

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

aforesaid order, the petitioner has not only joined investigation but 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 Vaid Singh 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 07.07.2022 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
            23.08.2023
            Ankur
                        Whether speaking/reasoned :        Yes/No

                        Whether reportable           :     Yes/No

Ankur Goyal
2023.08.23 17:08
I attest to the accuracy and
integrity of this order/judgment