Punjab-Haryana High Court
Shivam Banga Alias Manni vs State Of Haryana on 19 March, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:040770
CRM-M-2 of 2024 1 2024:PHHC:040770
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
213
CRM-M-2 of 2024
Date of decision:19.03.2024
Shivam Banga @ Manni
....Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Vikram Singh, Advocate,
for the petitioner.
Mr. A. K. Sehrawat, DAG, Haryana
PANKAJ JAIN, J. (ORAL)
On 02.01.2024, the following order was passed :-
"Apprehending his arrest in FIR No. 0186 dated
05.04.2023 registered for offences punishable under
Sections 406 and 420 IPC, 1860 at Police Station
Industrial Sector 29, Panipat, District Panipat; the
petitioner has preferred this petition under Section 438
Cr.P.C. seeking pre-arrest bail.
Inter alia contends that the allegation of
cheating pertains to the year 2016 whereas the
impugned FIR was registered on 05.04.2023 on the
basis of complaint moved by the complainant on
22.03.2023; the case of the petitioner is squarely
covered by the ratio decidendi of judgment rendered by
the Hon'ble Supreme Court in case of Arnesh Kumar
Vs. State of Bihar, 2014 AIR (SCW) 3930 and
reiterated in Md. Asfak Alam Vs. The State of
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Jharkhand & Anr., 2023 AIR (Supreme Court) 3610;
the petitioner is willing to join investigation as also
cooperate therein.
Notice of motion.
On asking of the Court, Mr. Manish Dadwal,
AAG, Haryana, appears and accepts notice on behalf
of the respondent-State.
Adjourned to 31.01.2024.
The petitioner is directed to appear before the
Investigating Officer on 05.01.2024 at 11:00 A.M. in
concerned Police Station and join investigation. In the
event of arrest, the petitioner shall be released on
interim bail subject to his furnishing personal/surety
bond(s) to the satisfaction of the Arresting
Officer/Investigating Officer. As and when further
called by Investigating Officer, the petitioner shall join
the investigation. He shall abide by the condition(s)
enumerated under Section 438(2) of the Cr.P.C."
2. Today, Ld. State Counsel on instructions from the police
official who is present in Court submits that the petitioner has already
joined investigation and is no more required for custodial interrogation.
3. Without commenting on the merits of the case and in view of
the aforesaid fact, order dated 02.01.2024 is made absolute, subject to the
conditions as enumerated under Sections 438(2) Cr.P.C.
4. This order should not be treated as "blanket" order. It will not
be read granting the 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.
5. This order does not in any manner limit or restrict the rights
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or duties of the police or investigating agency to investigate into the
charges against the petitioner.
6. The petitioner shall be deemed to be in custody for the
purpose of Section 27 of the Evidence Act in regard to a discovery of facts
made in pursuance of information supplied by the petitioner in case the
occasion arises.
7. 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.
8. Petition stands disposed off accordingly.
9. Pending applications, if any, also stand disposed of.
(PANKAJ JAIN)
JUDGE
March 19, 2024
dinesh
Whether speaking : Yes
Whether reportable : No
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