Pardeep Kumar vs State Of Haryana
2023 Latest Caselaw 16713 P&H

                                                     Neutral Citation No:=2023:PHHC:125959


CRM-M-40599-2023                          2023:PHHC:125959                   1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

213                                             CRM-M-40599-2023
                                                Date of decision: 25.09.2023

Pardeep Kumar
                                                      ..Petitioner

                                   Versus

State of Haryana
                                                      ..Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:    Mr. Harsh Mehla, Advocate, for the petitioner.

       Mr. Baljinder Singh Virk, Sr. DAG, Haryana.
       ***
AMAN CHAUDHARY, J.

1. On 18.08.2023, 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.157 dated 28.07.2023, registered under Section 21-B of NDPS Act, at Police Station Farakpur, District Yamuna Nagar.

Learned counsel contends that the name of the petitioner surfaced based on disclosure statement of co- accused Ravi, from whom the contraband was recovered is marginally higher than the small quantity, it being 11 grams of Smack. He relies on the judgment passed by Hon'ble The Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu, 2021 (1) RCR (Crl.) 1. There is no evidence to connect the petitioner with the case, other than the disclosure statement. There is no other case pending against him. He is ready and willing to join the investigation as and when required by the investigating agency.

Notice of motion.

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

Meanwhile, the petitioner is directed to join the investigation on or before 25.08.2023. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer, subject to compliance of conditions as enshrined under Section 438(2) Cr.P.C.

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Neutral Citation No:=2023:PHHC:125959

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 25.09.2023."

2. Learned counsel submits that in pursuance of the afore- mentioned 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 SI Raj Kumar 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 any 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 18.08.2023 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 )
25.09.2023                                             JUDGE
Ankur

                  Whether speaking/reasoned :        Yes/No

                  Whether reportable :               Yes/No

Neutral Citation No:=2023:PHHC:125959

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