Gurdeep Singh vs State Of Haryana
2024 Latest Caselaw 7700 P&H

Punjab-Haryana High Court

Gurdeep Singh vs State Of Haryana on 10 April, 2024

                                                                                                   2024:PHHC:049139


                211                    IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                   AT CHANDIGARH

                                                                                 CRM-M-4490-2024
                                                                                 Date of Decision:10.04.2024

                GURDEEP SINGH                                                                  ...Petitioner
                                                                  Versus

                STATE OF HARYANA                                                               ...Respondent

                CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
                Present:-              Mr. Nandan Jindal, Advocate with
                                       Mr. Tushar Sabherwal, Advocate for the petitioner.

                                       Mr. Kiran Pal Singh, AAG, Haryana.

                HARSH BUNGER, J.(Oral)

1. Prayer in the present petition has been filed under Section 438 of the

Code of Criminal Procedure seeking anticipatory bail in FIR No.0002 dated

01.01.2024 registered under Sections 34, 379-B, 452 of Indian Penal Code, 1860

at Police Station City Tohana, District Fatehabad.

2. On 16.02.2024 the following order was passed by a Co-ordinate

Bench of this Court:-

"1. Learned State counsel seeks time to file response in the matter.

2. Posted for 10.04.2024.

3. In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438(2) of the Code of Criminal Procedure 1973."

3. Learned counsel for the petitioner submits that pursuant to the

aforesaid order, the petitioner has joined the investigation.

4. Learned State counsel has not disputed the aforesaid fact of joining

of investigation by the petitioner and submits that his custodial interrogation is

not required at this stage.

5. Heard learned counsel for the parties.

authenticity of this order/judgment.

6. Since the petitioner has joined the investigation and his custodial

interrogation is not required at this stage, the present petition is allowed and the

ad-interim order dated 16.02.2024 passed by a Co-ordinate Bench of this Court is

made absolute.

7. 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.

8. It is made clear that if the petitioner fails to comply with any of the

bail conditions laid down under Section 438(2) Cr.P.C, the State would be at

liberty to move an application for cancellation of this anticipatory bail granted to

the petitioner.

9. Nothing expressed here-in-above shall be construed to be an

observation on merits of the case and the facts and circumstances recorded above

are only for consideration of the prayer for anticipatory bail at this stage.

10. The petition is accordingly disposed of.

                April, 10.2024                                                     (HARSH BUNGER)
                himanshu                                                              JUDGE

                                             Whether reasoned/speaking:   Yes/No
                                             Whether reportable:          Yes/No







authenticity of this order/judgment.