Punjab-Haryana High Court
Asi Satbir Singh vs State Of Haryana on 21 February, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-3287 of 2012 (O&M)
Date of decision: 21st February, 2012
ASI Satbir Singh
... Petitioner
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Raj Mohan Singh, Advocate for the petitioner.
Mr. Amandeep Singh, Assistant Advocate General, Haryana
for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
On February 3, 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. 4 dated 5.1.2012, registered at Police Station Butana, District Karnal, under Sections 341, 384 and 120-B IPC.
Learned counsel for the petitioner contends that as per the prosecution case, four young boys, whose particulars surfaced lateron, were unlawfully collecting toll tax from the drivers of the vehicles. Learned counsel submits that the only allegation levelled against the petitioner is of connivance. He further submits that the allegation that the petitioner had collected ` 20,000 from four boys permitting them to collect tax has surfaced in the interrogation of his co-accused in the police custody. Learned counsel further submits that this part of evidence is inadmissible and furthermore, the petitioner has been made a victim of departmental rivalry.Criminal Misc. No.M-3287 of 2012 (O&M) 2
Issue notice of motion to Advocate General, Haryana, for 21.2.2012.
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 Ranbir Singh ASI, Police Station Butana, District Karnal, states that during investigation the Sarpanch, co-accused of the petitioner, has been found innocent. He further 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 order dated February 3, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The interim pre-arrest bail granted to the petitioner vide order dated February 3, 2012 is made absolute and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, he shall continue to appear before the investigating agency as and when called- for till filing of a report under Section 173 Cr.P.C. He shall also abide by the conditions specified under Section 438 (2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.
[KANWALJIT SINGH AHLUWALIA] JUDGE February 21, 2012 rps