Punjab-Haryana High Court
Jasbir Singh @ Kala Singh @ Jasveer Sigh vs State Of Haryana And Anr on 8 January, 2024
Neutral Citation No:=2024:PHHC:001392
2024:PHHC:001392
CRA-S-1018-2022 1
222 IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
CRA-S-1018-2022 (O&M)
Date of Decision: 08.01.2024
JASBIR SINGH @ KALA SINGH @ JASVEER SINGH
...Appellant
V/S
STATE OF HARYANA AND ANOTHER
...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Swapnil Bansal, Advocate and
Mr. Keshav Pratap Singh, Advocate
for the Appellant.
Mr. Vikas Bhardwaj, AAG Haryana.
****
HARPREET SINGH BRAR J. (Oral)
1. Through instant appeal, the appellant is seeking anticipatory bail in
case FIR No. 15 dated 20.01.2022 registered under Section 506 of IPC, 25 of
Arms Act 1959 and Section 3 of Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act 1989 at Police Station Odhan, District Sirsa.
2. On 01.06.2022, following order was passed:
"The appellant has filed the present appeal
against the order dated 26.05.2022, whereby the Court
of Additional Sessions Judge, Sirsa, has declined the
anticipatory bail filed by the appellant under Section
438 of Cr.P.C. in case having FIR No.15 dated
20.01.2022, registered under Sections 506 IPC, Section
25 of Arms Act and Section 3 of Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, 1989,
Police Station Odhan, District Sirsa.
The counsel for the appellant contends that
the appellant has been falsely implicated in the present
case and that no such incident took place within the
public view. That no fire arm was used by the appellant
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and the petitioner never used any abusive language
against the complainant, with whom the civil litigation
is already pending. The counsel further contends that
the appellant is ready to joined the investigation with
the police.
Notice of motion to the respondents.
On asking of the Court, Mr. Naveen K.
Sheoran, DAG, Haryana, accepts notice on behalf of
State and prays for time to seek necessary instructions.
The FIR in this case was registered on the
allegations that at the time of occurrence the appellant
threatened and abused the complainant/respondent
No.2 in the name of his caste and at that time, the
appellant was armed with kapa. In the present case, the
maximum sentence imposable for offences mentioned in
the FIR does not exceeds 7 years. So, the present case
is covered by the judgment in Arnesh Kumar Vs. State
of Bihar and another, 2014 (8) SCC 273, wherein
direction was given by the Hon'ble Supreme Court to
all the State government to instruct its police officers
not to arrest the accused automatically when the
offence is punishable with imprisonment with a term
which may be less than 7 years or which may extend to
7 years, whether with or without fine.
So this Court, deems it appropriate to grant
interim relief to the appellant and accordingly, the
appellant is hereby directed to appear before the
Investigating Officer within 7 days of the service of
notice to him under Section 41A Cr.P.C. and he should
cooperate with the police during the investigation and
in the meantime no coercive action be taken against the
appellant till the next date of hearing.
List on 08.07.2022.
The report of the Investigating Officer be also
called specifically as to whether the appellant is
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cooperating with the police or not. "
3. Learned State counsel on instructions from SI Jager Singh,
submits that in compliance of order dated 01.06.2022 passed by this Court,
the appellant has joined the investigation and is not required for further
custodial interrogation.
4. Keeping in view the statement made by learned State Counsel
the order dated 01.06.2022, is made absolute. The appellant shall abide by
the terms and conditions enumerated in Section 438(2) of Cr.P.C.
5. The appeal is accordingly allowed.
(HARPREET SINGH BRAR)
08.01.2024 JUDGE
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:001392
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