Punjab-Haryana High Court
Nishant Gakher vs State Of Haryana on 18 March, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No. 63076 of 2023 (O&M) ss: 2024: PHHC:038575
207 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No. 63076 of 2023 (O&M)
Date of decision : 18.03.2024
Nishant Gakher 2 i es--s--'"sss Petitioner
versus
StateofHaryana 2a Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
Present :-
REK
Mr. S.S.Narula, Advocate for the petitioner.
Mr. Gaurav Bansal, DAG, Haryana.
3K OK 3k
PANKAJ JAIN, J. (ORAL)
Present petition has been filed under Section 438 Cr.P.C. for
grant of anticipatory bail in FIR No.0568 dated 21.08.2023,registered for
offences punishable under Sections 323/506 IPC and Section 75 of Juvenile
Justice (Care and Protection of Children) Act, 2015 at Police Station
Chandni Bagh, Panipat, District Panipat.
On 15.12.2023 the following order was passed:-
"Learned counsel for the petitioner submitted that the
present FIR was lodged as a counterblast to a matrimonial
dispute by which the petitioner has filed a petition under
Section 13 of the Hindu Marriage Act, 1955.
Notice of motion.
Mr. Vishal Kashyap, DAG, Haryana, accepts notice on
behalf of the respondent-State.
Adjourned to 18.03.2024.
In the meantime, the petitioner is directed to join the
investigation and to co-operate fully with the investigation
process and on his doing so, the petitioner be released on
interim bail, subject to his furnishing personal bonds and
CRM-M No. 63076 of 2023 (O&M) 2: 2024: PHHC:038575
surety to the satisfaction of the Arresting/Investigating Officer.
However, the petitioner shall continue to join the investigation
as and when called upon to do so and shall abide by the
conditions as provided under Section 438(2) Cr.P.C."
3 Learned State counsel on instructions from ASI Pardeep Kumar
has stated that pursuant to the order dated 15.12.2023 the petitioner has
joined investigation and is no longer required for custodial interrogation.
4 In view of above, the interim order dated 15.12.2023 passed by
this Court is made absolute, subject to the conditions as enumerated under
Section 438(2) Cr.P.C.
5 This order should not be treated as "blanket" order. It will not
be read granting petitioner indefinite protection from arrest. It shall be
confined to the FIR mentioned ibid and will not operate in respect of any
other incident that involves commission of an offence.
6 This order does not in any manner limit or restrict the rights or
duties of the police or investigating agency, to investigate into the charges
against the petitioner.
7 The petitioner shall be deemed to be in custody for the purpose
of Section 27 of the Evidence Act, 1872 in regard to a discovery of facts
made in pursuance of information supplied by the petitioner in case the
occasion arises.
8 It will be open to the police or the investigating agency to move
this court for a direction under Section 439 (2) Cr.P.C. to arrest the accused,
in the event of violation of any term, such as absconding, non-cooperating
during investigation, evasion, intimidation or inducement to witnesses with
a view to influence outcome of the investigation or trial.
3024.03.19 11-54
T attest to the accuracy and
authenticity of this
order/judgment.
CRM-M No. 63076 of 2023 (O&M) 333: 2024: PHHC:038575
9 Petition stands disposed off.
10 Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
(PANKAJ JAIN )
JUDGE
18.03.2024
Pooja sharma-I Whether speaking/reasoned Yes
Whether Reportable : No
