Punjab-Haryana High Court
Subhash Chand vs State Of Haryana on 1 February, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-1162 of 2012 (O&M)
Date of decision: 1st February, 2012
Subhash Chand
... Petitioner
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. J.P. Sharma, Advocate for the petitioner.
Ms. Priyanka Dalal, Assistant Advocate General, Haryana
for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed under Section 438 Cr.P.C. praying for grant of pre-arrest bail to the petitioner in a case arising out of FIR No.266 dated 04.10.2011 registered at Police Station Kanina, District Mahendergarh under Section 7/10/55 of the Essential Commodities Act, 1955.
On January 12, 2012, this Court had passed the following order:
"The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 266 dated 4.10.2011, registered at Police Station Kanina, District Mahendergarh, Haryana, under Section 7/10/55 of the Essential Commodities Act, 1955.
Learned counsel for the petitioner contends that 96 bags of wheat and 15 packets of flour weighing 60 kgs. have been transported in a truck which has been apprehended by the police. He submits that it is alleged that the wheat and flour, which were being transported was of the Government. He further submits that driver of the Criminal Misc. No.M-1162 of 2012 (O&M) 2 vehicle, during the course of interrogation, disclosed that the wheat was entrusted by the petitioner. Learned counsel further submits that no other evidence is available with the Investigating Agency except the statement made by the driver. He further submits that since in pursuance of the disclosure statement, no recovery has been effected, the same is inadmissible in evidence.
Issue notice of motion to Advocate General, Haryana, for 1.2.2012.
Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and he will also abide by the conditions as specified under Section 438(2) Cr.P.C."
Counsel for the State, on instructions from Ramesh ASI, Police Station Kanina, District Mahendergarh, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
For the reasons stated in the order dated January 12, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The order dated January 12, 2012, granting interim pre-arrest bail to the petitioner, is hereby affirmed and the interim bail granted is made absolute till submission of the report under Section 173 Cr.P.C. (Challan). Thereafter, the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.
[KANWALJIT SINGH AHLUWALIA] JUDGE February 1, 2012 rps