Devender vs State Of Haryana And Another
2024 Latest Caselaw 5064 P&H

Punjab-Haryana High Court

Devender vs State Of Haryana And Another on 6 March, 2024

                                                         Neutral Citation No:=2024:PHHC:032498




264                              Neutral Citation No. 2024:PHHC:032498

CRA-S-3640-2023                                                                    -1-

      IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH

                                            CRA-S-3640-2023
                                            Date of decision: 06.03.2024


Devender                                                ....Petitioner.

                          Versus

State of Haryana and another                            ....Respondents.


CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY

Present:-    Mr. Sunil Saharan, Advocate,
             for the petitioner.

             Mr. Vishal Malik, DAG, Haryana.

             None for respondent No. 2.
                         .....

SANJIV BERRY, J. (ORAL)

1. Instant appeal has been preferred against the order dated

30.11.2023 vide which the anticipatory bail of the appellant, filed under

Section 438 Cr.P.C., in case FIR (Annexure A-1), had been declined by

the learned Additional Sessions Judge, Hisar. Details of the FIR are as

under: -

FIR No. Dated           Sections                             Police Station
210         01.08.2023 147, 148, 149, 506 IPC        Bass, District
                                  &                  Hisar
                       3 of the Scheduled Castes and
                       Scheduled Tribes (Prevention
                       of Atrocities) Act,1989




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2.           Heard.

3. Learned counsel for the appellant contends that appellant

is innocent and has been falsely implicated on the basis of disclosure

statement of the co-accused and no allegation has been levelled against

the appellant attracting the provisions of the offence under the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989. He further contends that vide order dated 08.12.2023, appellant

had been directed to join investigation and granted interim bail. He

submits that the petitioner has already joined the investigation.

4. During the course of hearing on 08.12.2023, following

order was passed: -

'Instant appeal has been filed against order dated 30.11.2023 passed by learned Additional Sessions Judge, Hisar whereby application filed by the appellant under Section 438, Cr.P.C., for grant of anticipatory bail in FIR No.210 dated 01.08.2023 under Sections 147, 148, 149, 506 IPC and Section 3 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Bass, Disrict Hisar, was dismissed.

Counsel for the appellant contends that no allegation attracting offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been levelled against the appellant, who has been arraigned on the basis of disclosure statement of the co-accused. It is his categoric assertion that the appellant was not present at the place of occurrence.

Notice of motion.

On asking of the Court, Mr.Munish Sharma, DAG, Haryana, accepts notice on behalf of the respondent No.1 - State.

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Complainant/respondent No.2 be served for 06.03.2024 on deposit of necessary charges.

Appellant is directed to appear before the Investigating Officer on 22.12.2023 at 10:00 A.M. at Police Station Bass, District Hisar and join the investigation and appear as and when called by the Investigating Officer. In the event of arrest, he shall be admitted to interim bail on furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. He shall also abide by the conditions as specified under Section 438(2) Cr.P.C.'

5. Learned State counsel, on instructions from Inspector

Pavittar Singh, informs the Court that the appellant has joined the

investigation and is neither required for further investigation nor for

any custodial interrogation.

6. After considering the rival contentions and perusing the

record, it transpires that the appellant has been booked in the instant

FIR for having committed offence punishable under Sections 147, 148,

149, 506 IPC & 3 of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act,1989. It is debatable that whether the

allegations levelled in the complaint attract the provisions of the SCs

and STs Act 1989, in the light of the judgment of Hon'ble Apex Court

in Writ Petition (C) No. 1015 of 2018 titled as 'Prithvi Raj Chauhan

vs. Union of India and others'. At the same time, it is not disputed that

the petitioner after having been directed vide order dated 08.12.2023

has joined the investigation. As per learned State counsel, he is not

required for further investigation nor he is required for custodial

interrogation of the case. This be the case, the interim bail granted to

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the petitioner vide order dated 08.12.2023 is hereby confirmed subject

to the conditions as envisaged under Section 438(2) Cr.PC. The

petitioner is directed to join investigation as and when required in

future also by way of a written notice for such purpose to be served by

Investigating Officer of this case upon the petitioner; he will not tamper

with the evidence nor will influence the witnesses and will not leave

the country without prior permission of the Court.

7. With these observations, impugned order dated 30.11.2023

passed by learned Additional Sessions Judge, Hisar, is set aside and the

instant appeal stands allowed.

                                                      (SANJIV BERRY)
06.03.2024                                                JUDGE
preeti

i)    Whether speaking/reasoned?             Yes/No

ii)   Whether reportable?                    Yes/No




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