Punjab-Haryana High Court
Manender vs State Of Haryana on 18 September, 2018
Author: Inderjit Singh
Bench: Inderjit Singh
-1-
CRM-M-31289-2018 and
CRM-M-36340-2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision:18.09.2018
1. CRM-M-31289-2018
Manender
... Petitioner
Versus
State of Haryana
... Respondent
AND
2. CRM-M-36340-2018
Rahul
... Petitioner
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. N.D.Achint, Advocate,
for the petitioners in both the petitions.
Mr. Sukhdeep Parmar, DAG, Haryana.
INDERJIT SINGH, J. (Oral)
This order shall dispose of CRM-M-31289-2018, filed by petitioner-Manender and CRM-M-36340-2018, filed by petitioner-Rahul, under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.270 dated 07.06.2018, 1 of 3 ::: Downloaded on - 03-10-2018 03:14:04 ::: -2- CRM-M-31289-2018 and CRM-M-36340-2018 registered at Police Station Baldev Nagar, Ambala, under Sections 420, 467, 468 and 471 of the Indian Penal Code read with Section 67 of the Information Technology (Amendment) Act, 2008.
Notice of motion was issued in both these petitions. Learned State counsel put in appearance on behalf of the respondent-State and contested these petitions.
I have heard learned counsel for the petitioners as well as learned State counsel and gone through the record.
From the record, I find that as per the allegations in the FIR, the present petitioners alongwith co-accused were taking money illegally from the driver of vehicles by preparing fake website of RTO, Government of Haryana. A raid was conducted and co-accused, Narender Singh alias Piyush who had issued a receipt of `100/- to the complainant, was apprehended.
In pursuance of the interim orders dated 26.07.2018 passed in CRM-M-31289-2018 and dated 24.08.2018 passed in CRM-M-36340-2018 by this Court, the petitioners have already joined the investigation. They are not required for custodial interrogation. Nothing is to be recovered from them. Therefore, no useful purpose will be served by sending them to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in both these petitions and the same are allowed. The orders dated 26.07.2018 passed in 2 of 3 ::: Downloaded on - 03-10-2018 03:14:05 ::: -3- CRM-M-31289-2018 and CRM-M-36340-2018 CRM-M-31289-2018 and dated 24.08.2018 passed in CRM-M-36340-2018, granting interim bail to the petitioners, are made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.
18.09.2018 (INDERJIT SINGH)
parveen kumar JUDGE
Note: Whether speaking/reasoned : Yes
Whether reportable : No
3 of 3
::: Downloaded on - 03-10-2018 03:14:05 :::