Punjab-Haryana High Court
Jiya Lal vs State Of Haryana on 31 October, 2014
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM-M No.35293 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
205 CRM-M No.35293 of 2014
Date of Decision:31.10.2014
Jiya Lal .....Petitioner
Versus
State of Haryana .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.Harkesh Manuja, Advocate,
for the petitioner.
Mr.Sagar Deswal, Assistant Advocate General, Haryana,
for the respondent-State.
****
MEHINDER SINGH SULLAR , J.(oral) The petitioner has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other main co-accused, vide FIR No.1190 dated 11.09.2014, on accusation of having committed the offences punishable under Sections 419, 420 and 120-B IPC, by the police of Police Station City Panipat.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
4. During the course of preliminary hearing, the following order was passed on October 14, 2014 by this Court:-
"Learned counsel, inter alia, contended that all the main allegations of SEEMA RANI 2014.10.31 16:16 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M No.35293 of 2014 2 cheating etc. are assigned to main accused-beneficiary(non-petitioners). Petitioner, being a lambardar, had identified in a routine and bona-fide manner the surety Surender Pal son of Avtar Singh, on the basis of ration card and photographs on the bonds. Moreover, nothing is to be recovered from the petitioner.
Heard.
Notice of motion be issued to the respondent, returnable for 31.10.2014.
Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of `25,000/- to his satisfaction."
5. At the very outset, on instructions from ASI Naresh Kumar, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. There is no history of his previous involvement in any other criminal case. Moreover, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report(challan) against the accused, so, the conclusion of trial will naturally take a long time.
6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, the instant petition for anticipatory bail is accepted. The interim (provisional) bail already granted to the petitioner, by means of indicated order of this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C. SEEMA RANI 2014.10.31 16:16 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M No.35293 of 2014 3
Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for pre-arrest bail. At the same time, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail in this Court.
October 31, 2014 (MEHINDER SINGH SULLAR)
seema JUDGE
SEEMA RANI
2014.10.31 16:16
I attest to the accuracy and
authenticity of this document
High Court Chandigarh