Punjab-Haryana High Court
Balbir Singh vs State Of Haryana on 12 November, 2024
JYOTI THAKUR 2024.11.14 10:01 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 202 CRM-M-35792-2024 Date of Decision: 12.11.2024 BALBIR SINGH 0 eeeeee Petitioner versus STATE OF HARYANA kee Respondent CORAM: HON'BLE MR. JUSTICE GURBIR SINGH Present:- Mr. Anuj Malik, Advocate, & Mr. Ravinder Malik, Advocate, for the petitioner. Mr. Gurmeet Singh, A.A.G., Haryana. 3 2s 3 ie 2 GURBIR SINGH, J.(Oral)
1. This is the first petition has been filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail to the petitioner in case FIR No.415, dated 09.07.2024, under Sections 406, 420, 506 and 34 of IPC, 1860, registered at Police Station Samalkha, District Panipat.
2. Vide order dated 29.07.2024, this Court had granted interim bail to the petitioner and directed him to join investigation. The same is reproduced as under:-
"This petition has been filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in case FIR No.415, dated 09.07.2024, under Sections 406, 420, 506,34 IPC registered at Police Station Samalkha, District Panipat.
Learned counsel for the petitioner inter-alia submits that no pre-registration inquiry was conducted. The | attest to the accuracy and integrity of this order/judgement CRM-M-35792-2024 -2- JYOTI THAKUR 2024.11.14 10:01 | attest to the accuracy and integrity of this order/judgement Trolley is in the name of the brother of the petitioner. All the EMIs have been paid by the brother of the petitioner. The petitioner has also paid an amount of Rs. 10 lacs to the complainant in the month of February/March 2023. Nothing is outstanding against the petitioner. Even trolley has already been recovered. Neither any payment was made by the complainant to the petitioner nor there was any transaction between them. The case is basically a civil dispute.
Notice of motion for 12.11.2024.
Mr. Karan Sharma, DAG, Haryana appears and accepts notice on behalf of the respondent-State. He seeks some time to file status report. A copy of the paper book be supplied to him during the course of the day.
In the meantime, the petitioner is directed to join the investigation as and when called by SHO/Investigating Officer and in the event of his arrest, he shall be released on interim bail on his furnishing bail bonds and surety bonds to the satisfaction of SHO/Investigating Agency, subject to the following conditions as envisaged under Section 438 (2) Cr.P.C.:-
(i) that the petitioner shall make himself available for interrogation before the investigating officer as and when required:
(ii) _ that the petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) that the petitioner shall not leave the country without prior permission of the Court concerned.
JYOTI THAKUR 2024.11.14 10:01 CRM-M-35792-2024 -3- 2024°PHHC:147542 = ee Status report be filed on or before the next date of hearing with an advance copy to the counsel opposite."
3. Status report dated 11.11.2024 by way of an affidavit of Narendar Singh, HPS, Deputy Superintendent of Police, Samalkha, Panipat, on behalf of the respondent-State has been filed today in the Court and the same is taken on record.
3.1. Learned State counsel on instructions submits that in compliance of order dated 29.07.2024, petitioner has joined investigation and he is not required for any custodial interrogation.
4. I have heard learned counsel for the parties.
5. In view of the fact that the petitioner has joined investigation and his custodial interrogation is not required, the order dated 29.07.2024 granting interim bail to the petitioner is made absolute. The petitioner shall abide by the conditions as laid down under Section 438(2) Cr.P.C. in letter and spirit.
6. Petition stands disposed of accordingly. (GURBIR SINGH) 12.11.2024 JUDGE Jyoti Thakur Whether speaking/reasoned: Yes/No Whether reportable: Yes/No | attest to the accuracy and integrity of this order/judgement