Punjab-Haryana High Court
Isran And Others vs State Of Haryana on 29 July, 2020
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-12258-2020 (O&M)
Date of Decision:29.07.2020
Isran and others
.......Petitioners
Versus
State of Haryana
....Respondent
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA
Present:- Mr. Namit Khurana, Advocate for the petitioners.
Mr. Saurabh Mohunta, DAG, Haryana.
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TEJINDER SINGH DHINDSA J.(Oral)
This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.
This order shall dispose of the instant petition filed under Section 438 Cr.P.C.seeking concession of anticipatory bail to the petitioners in FIR No.127 dated 20.09.2019 under Section 21(4)(1) of Mines and Minerals Act, 1957 registered at Police Station Partap Nagar, District Yamuna Nagar.
While issuing of notice of motion, the following order was passed by this Court on 13.05.2020:-
CRM-10497-2020 Allowed as prayed for. CRM-M-12258-2020 Matter has been taken up through Video Conferencing 1 of 3 ::: Downloaded on - 06-09-2020 06:11:43 ::: CRM-M-12258-2020 (O&M) -2-
via WhatsApp facility in the light of the COVID-19 situation and as per instructions.
Petitioners seek concession of pre-arrest bail in FIR No.127 dated 20.09.2019 under Section 21(4)(1) of Mines and Minerals Act, 1957 registered at Police Station Partap Nagar, District Yamuna Nagar.
FIR has been registered on the complaint of the concerned Mining Officer alleging that the petitioners herein have resorted to illegal mining in an area of approximately six acres.
Counsel inter alia contends that the petitioners were neither apprehended at the spot nor is there any complaint at the hands of the owners or lessees of the land in question. Yet another contention raised by counsel is that certain photographs have been placed on the police file pertaining to the spot in question and which does not reflect the presence of the present petitioners.
Notice of motion for 29.07.2020.
Mr.Saurabh Mohunta, Deputy Advocate General, Haryana who has also joined proceedings in this WhattsApp facility, accepts notice. A complete copy of the petition already stands furnished to learned State counsel.
In the meanwhile, petitioners are directed to join investigation.
In the event of arrest, the petitioners shall be released on interim bail subject to the satisfaction of the Arresting Officer/Investigating Officer. The petitioners shall join 2 of 3 ::: Downloaded on - 06-09-2020 06:11:43 ::: CRM-M-12258-2020 (O&M) -3- investigation as and when called upon to do so and they shall remain bound by the conditions as envisaged under Section 438(2) Cr.P.C ."
Learned State counsel upon instructions from ASI Jasbir Singh, informs the Court that the petitioners have since joined investigation and are not required for custodial interrogation.
In view of the above petition is allowed. Order dated 13.05.2020 is made absolute.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE July 29, 2020 shweta Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 3 of 3 ::: Downloaded on - 06-09-2020 06:11:43 :::