Punjab-Haryana High Court
Manish Alias Baniya vs State Of Haryana on 13 March, 2024
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214
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-6910 of 2024
Date of Decision: March 13, 2024
Manish @ Baniya
......Petitioner
versus
State of Haryana
.....Respondent
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
***
Present : Mr. Narender Kaajla, Advocate
for the petitioner
Ms. Geeta Sharma, DAG Haryana
***
Harpreet Singh Brar, J. (Oral)
1. Prayer in the petition under Section 438 Cr.P.C. is for grant of
anticipatory bail to the petitioner in case FIR No.546 dated 07.10.2023 registered
under Sections 148, 149, 384, 452, 506 IPC at Police Station City, Fatehabad.
2. On 09.02.2024, the following order was passed :-
"The present petition has been filed under Section 438 of the Code
of Criminal Procedure (hereinafter referred to as Cr.P.C) for grant
of anticipatory bail to the petitioner in FIR No.546 dated
07.10.2023 registered under Sections 148, 149, 384, 452, 506 IPC
at Police Station City, Fatehabad.
Learned counsel for the petitioner, inter alia, contends that
the petitioner has absolutely no concern with the present case and
he has been nominated in the present case only on the basis of
disclosure statement made by the co-accused while in police
custody, which has no evidentiary value in the eyes of law.
The maximum sentence provided for the offences alleged to be
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committed in the FIR registered against the petitioner is upto 7
years and no notice under Section 41A Cr.P.C. has been issued to
him. As such, in view of the ratio of law culled out in the judgment
of the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI
(2022) 10 SCC 51, the petitioner is entitled for bail. It is further
contended that similarly situated co-accused has been granted
concession of interim bail vide order dated 16.01.2024 passed in
CRM-M No.2232 of 2024 titled as Jayant Kumar Vs. State of
Haryana.
Notice of motion.
On the asking of the Court, Ms. Geeta Sharma, DAG,
Haryana, who is present in Court, accepts notice on behalf of the
respondent-State and opposes the prayer for grant of anticipatory
bail to the petitioner.
In the meantime, keeping in view the law enunciated by the
Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022)
10 SCC 51; Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273
and Mohd. Muslim alias Hussain Vs. State (NCT of Delhi) 2023
SCC OnLine SC 352, at the first instance, the petitioner is directed
to appear before the Investigating Officer on or before 16.02.2024
and on his doing so or in the event of arrest, the petitioner shall be
admitted to interim bail on furnishing of bail/surety bond to the
satisfaction of the Investigating/Arresting Officer. The petitioner
shall cooperate with the Investigating Officer and abide by the
conditions as provided under Section 438 (2) Cr.P.C.
If the Investigating/Arresting Officer does not permit the
petitioner to join the investigation, the petitioner would appear
before the Illaqa Magistrate, who would then summon the Arresting
Officer and direct him to join the petitioner in investigation, in
terms of the order of this Court.
Adjourned to 13.03.2024.
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Nothing observed hereinabove shall be construed as
expression of opinion of this Court on merits of the case and the
trial Court shall proceed without being prejudiced by observations
of this Court. "
3. Learned State counsel, on instructions from SI Om Parkash, states
that pursuant to order dated 09.02.2024, the petitioner has joined the
investigation and is no more required for custodial interrogation.
4. In view of the statement of learned State counsel, order dated
09.02.2024 is made absolute. The petitioner shall abide by the terms and
conditions enumerated in Section 438(2) Cr.P.C.
5. Petition stands disposed of.
6. Nothing observed hereinabove shall be construed as expression of
opinion of this Court on merits of the case and trial court shall proceed without
being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
JUDGE
March 13, 2024
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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