Punjab-Haryana High Court
Anil Kumar vs State Of Haryana on 13 August, 2012
Author: Sabina
Bench: Sabina
Crl.Misc.M No.18058 of 2012 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Misc. M No. 18058 of 2012(O&M)
Date of Decision: August 13, 2012
Anil Kumar ...........Petitioner
Versus
State of Haryana ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.Y.D.Kaushik,Advocate for the petitioner.
Mr.Satyavir Singh Yadav, Additional A.G.Haryana
Mr.Rajesh Lamba,Advocate for the complainant.
Sabina, J.
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to him in case FIR No.24 dated 20.1.2012 under Sections 420,467,468,471,448,511,120-B of the Indian Penal Code (for short`IPC') at Police Station SGM Nagar, Faridabad, District Faridabad Haryana.
At the time of issuance of notice of motion, the following order was passed:-
"Anil Kumar-petitioner has filed the present petition under Section 438 Cr.P.C. for grant of benefit of anticipatory Crl.Misc.M No.18058 of 2012 (O&M) 2 bail in FIR No.24 dated 20.01.2012 under Sections 420, 467, 468, 471, 448, 511, 12-B IPC registered at Police Station SGM Nagar, Faridabad, District Faridabad.
As per the version of the complainant, the allegations pertains to forging of a power of attorney as also the sale deed regarding a plot measuring 233 sq. yards in Faridabad.
Counsel for the petitioner contends that the name of the petitioner does not even figure in the FIR. The main accused against whom the allegations pertains to forging and fabrication is raised, is one Mahavir Singh and the name of the petitioner has been dragged in, on account of a disclosure statement suffered by Mahavir Singh. Counsel further submits that Mahavir Singh had even disclosed the name of one Parmod, who had already been granted pre-arrest bail in Criminal Miscellaneous No.M- 12384 of 2012.
Notice of motion for 13.08.2012.
Ms. Tanisha Peshawaria, Deputy Advocate General Haryana accepts notice on behalf of State of Haryana. Copy of the petition be supplied to her during the course of the day.
In the event of arrest, the petitioner shall be released on bail to the satisfaction of Arresting/Investigation Officer. Petitioner shall appear before the Investigation Officer as and when called upon by the Crl.Misc.M No.18058 of 2012 (O&M) 3 Investigation Officer and shall bound by all the conditions contained under Section 438 (2) Cr.P.C."
Learned State counsel, who is assisted by ASI Trivohan Narain has submitted that although the petitioner has joined the investigation but he is required for custodial interrogation. Petitioner was involved in two other cases of similar nature and recovery of fake stamps were to be effected from him.
Keeping in view the fact that the petitioner is involved in two other cases of similar nature and is required for custodial interrogation, no ground for grant of anticipatory bail is made out. The case of the petitioner is, thus, on different footing than his co- accused-Parmod who was allowed anticipatory bail by this Court.
Dismissed.
(Sabina) Judge August 13, 2012 arya