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[Cites 3, Cited by 1]

Punjab-Haryana High Court

Reena Garg And Another vs State Of Haryana And Another on 29 April, 2019

Author: Arvind Singh Sangwan

Bench: Arvind Singh Sangwan

CRM-M-3665-2019                                                                -1-


           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                CRM-M-3665-2019
                                                Date of decision: 29.04.2019
Reena Garg and another
                                                                    ... Petitioners


                                          Vs.


State of Haryana and another
                                                                  ... Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Gaurav Mohunta, Advocate
             for the petitioners.

             Mr. Naveen Sheoran, DAG, Haryana.

             Mr. Deepak Jindal, Advocate
             for respondent No.2-complainant.

                    *******
ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for grant of anticipatory bail in FIR No.10 dated 09.01.2019 under Sections 186 & 379-A IPC, registered at Police Station Mehendergarh, District Mahendergarh.

While granting interim bail to the petitioners, following order was passed by this Court on 25.01.2019 :-

"The contention raised on behalf of the petitioners is that the FIR is a counter blast to earlier complaints submitted by the petitioners and other municipal councilors against the complainant, who is the Municipal Engineer. The earlier complaints were made because the complainant was indulging in illegal activities. He was sanctioning building plans and collecting taxes without any authorization. Further, the money allegedly snatched by the 1 of 2 ::: Downloaded on - 14-07-2019 10:17:51 ::: CRM-M-3665-2019 -2- petitioners was handed over to the police in the presence of witnesses and, thus, no offence of snatching is made out."

Learned counsel for the petitioners submits that in pursuance of the aforesaid order, petitioners have joined the investigation and are not required for any further investigation. It is further submitted that in fact, on account of political rivalry between two members of the Municipal Committee, the FIR has been registered against the petitioners and petitioner No.1 has even been suspended from the post on that account.

Learned State counsel, on instructions from SI Ashok Kumar, has not disputed the factual position and states that the petitioners are no more required for any further investigation.

Learned counsel for complainant-respondent No.2 has however opposed the prayer for bail on the ground that the petitioners are involved in one more case/FIR of similar nature.

Considering the allegations in the FIR that the petitioners have allegedly snatched the money from the complainant and the same has already been handed over to the police in the presence of the witnesses, I deem it appropriate to confirm the interim bail granted to the petitioners.

Accordingly, this petition is allowed and the interim bail granted to the petitioners vide order dated 25.01.2019 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C.




                                              [ ARVIND SINGH SANGWAN ]
29.04.2019                                              JUDGE
vishnu

Whether speaking/reasoned : Yes/No

Whether Reportable        : Yes/No




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