Punjab-Haryana High Court
Abdul Rehman vs State Of Haryana on 1 July, 2021
Author: Suvir Sehgal
Bench: Suvir Sehgal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
204-1 CRM-M-3803-2020
Date of Decision:01.07.2021
ABDUL REHMAN ...PETITIONER
VERSUS
STATE OF HARYANA ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Dhruv Gupta, Advocate
for the petitioner.
Mr. Kuldeep Tiwari, Addl. A.G., Haryana.
***
SUVIR SEHGAL, J.(ORAL)
The Court has been convened through video conferencing due to Covid-19 pandemic.
Through the instant petition under Section 438 of Code of Criminal Procedure, 1973, the petitioner seeks anticipatory bail in case FIR No.172 dated 24.12.2019, registered under Sections 379/411 IPC, 1860; Sections 32/33 of Indian Forest Act, 1927 and Sections 27/29 of Wildlife (Protection) Act, 1972, at Police Station Pratap Nagar, District Yamuna Nagar.
On 10.02.2020, this Court had passed the following order:-
"Learned counsel for the petitioner has submitted that the petitioner has not committed any offence under the Indian Forest Act, 1927 or under the Wildlife (Protection) Act, 1972. He has further submitted that as per the FIR the only role attributed to the petitioner was that he has cut the trees.
1 of 2 ::: Downloaded on - 03-07-2021 00:51:49 ::: CRM-M-3803-2020 -2- Learned State counsel upon instructions of SI Jai Kishan has submitted that a Tata Sumo loaded with khair wood was apprehended on 23.12.2019, which was loaded from the house of one Majid. He further submits that the role of the petitioner in the theft of wood from the Kalesar forest cannot be ruled out.
Adjourned to 17.04.2020.
Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C."
Learned State counsel on instructions from SI Shamsher Singh, states that the petitioner has joined the investigation and he is no longer required for custodial interrogation. He has further instructions to state that the petitioner is not involved in any other criminal case.
In view of the said facts, without commenting on the merits of the case, the present petition is allowed and the order dated 10.02.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.
01.07.2021 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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