Punjab-Haryana High Court
Shoukat Ali vs State Of Haryana on 2 July, 2015
Author: Hari Pal Verma
Bench: Hari Pal Verma
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-12131 of 2015
Date of Decision: 02.07.2015
Shoukat Ali
...Petitioner(s)
Versus
State of Haryana
...Respondent(s)
CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA
1. Whether reporters of local newspapers may be allowed to see
judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present:- Mr. R.S. Mamli, Advocate
for the petitioner.
Mr. Kapil Aggarwal, Addl.A.G., Haryana.
*****
HARI PAL VERMA J.(Oral)
Prayer in this petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in FIR No.220 dated 12.9.2014 under Sections 406, 420, 506 IPC registered at Police Station Naraingarh, District Ambala.
This Court vide order dated 13.4.2015, had granted interim bail to the petitioner subject to the provisions of Sections 438 (2) CrPC Learned State counsel, on instructions from ASI Jagdish Chander, submits that the petitioner has though joined investigation but recovery of truck has not yet been effected. ASHWANI KUMAR 2015.07.02 18:56 I attest to the accuracy and integrity of this document High Court Chandigarh Criminal Misc. No. M-12131 of 2015 -2-
On the other hand, learned counsel for the petitoner draws the attention of the Court to Annexure P2 which is power of attorney dated 28.2.2014 executed by Jaswinder Kaur in favour of Nawab, whereby he has been authorised to take the vehicle on superdari, sell it or give the same on rent and take receipt.
Considering the fact that the power of attorney has been executed on 28.2.2014 i.e. before the registration of the FIR, the present petition is allowed and order dated 13.4.2015 is made absolute. However, the petitioner shall continue to join investigation as and when directed by the Investigating Officer and shall comply with the provisions of Section 438(2) CrPC.
July 02, 2015 ( HARI PAL VERMA )
ak JUDGE
ASHWANI KUMAR
2015.07.02 18:56
I attest to the accuracy and
integrity of this document
High Court Chandigarh