Vishu Kumar vs State Of Haryana
2023 Latest Caselaw 20462 P&H

Punjab-Haryana High Court

Vishu Kumar vs State Of Haryana on 24 November, 2023

RAJ KUMAR
2023.11.24 17:01

2023:PHHC: 150010

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
105
CRM-M_No.59358 of 2023
DATE OF DECISION : 24 NOVEMBER, 2023

Vishu Kumar
.... Petitioner

Versus
State of Haryana
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
ke*E*K

Present: | Dr. Pankaj Nanhera, Advocate and
Mr. Rahul Gautam, Advocate for the petitioner.

3K OK OK
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail in case FIR No.401 dated 01.08.2022 registered under Sections 120-B, 420, 465, 468 & 471 IPC at Police Station City Fatehabad, District Fatehabad.

2. The counsel for the petitioner has submitted that the case against the petitioner is totally frivolous and concocted one. The petitioner is not involved in the crime as alleged against him. Even as per the case alleged against the petitioner in the FIR, the only allegation against him is that he had filed a protection petition, in which some documents are attached, which were later on found to be fake. However, the petitioner being an Advocate is duty bound to produce before the court the documents which are supplied by his client. The petitioner, as an Advocate, is not under any duty to verify the veracity or correctness of the documents as alleged. Therefore, the petitioner cannot be involved in

the crime at all simply because he discharged his professional duty as an

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CRM-M_ No.59358 of 2023 2023:PHHC: 150010

Advocate. The petitioner shall join the investigation as and when called

by the police. Hence, the petitioner deserves to be protected against his

arrest in the present case.

3. Notice of motion.

4, Mr. Krishan K. Chahal, Addl. AG Haryana, accepts notice on behalf of the State.

5. The counsel for the State, on instructions from the police

official, has submitted that the name of the petitioner has surfaced in the disclosure statement of Satpal and Sandeep Kaur, who claimed to have performed marriage after running away from their homes. However, it is not disputed by counsel for the State that there is no other allegation against the petitioner, except that he filed the protection petition in his capacity as an Advocate. It is also not disputed that there is no other case against the petitioner.

6. In view of the above, the present petition is allowed. In the event of arrest, the petitioner be released on bail subject to his furnishing personal bonds/surety to the satisfaction of Arresting/ Investigating Officer. However, the petitioner shall 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.

24 November, 2023 (RAJBIR SEHRAWAT)

'Taj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

RAJ KUMAR

2023.11.24 17:01

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