The single judge, making an oral order, allowed a petition for grant of anticipatory bail, converting interim bail into absolute bail subject to conditions.
Petition allowed; interim bail made absolute subject to conditions under Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M No.4823 of 2019
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.4823 of 2019 Decided on: 14.03.2019
Akhtar
....Petitioner
Versus
State of Haryana
....Respondent
CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN
Present : Mr. Shiva Khurmi, Advocate for the petitioner.
Ms. Harpreet Kaur, AAG, Haryana.
ARVIND SINGH SANGWAN, J. (Oral)
The petitioner prays for grant of anticipatory bail in FIR No.220 dated 20.12.2018, registered under Section 13(2) of the Haryana Gauvansh Sanrakshan and Gau Samvardhan Act, 2015 at Police Station Bichhore, District Nuh.
The operative part of the order dated 01.02.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-
“.... Learned counsel for the petitioner submits that vide order dated 22.01.2019, bail application of the petitioner has been dismissed on the ground that he is involved in one more FIR, however, is on bail in the said case. It is further submitted that two co-accused of the petitioners namely Arsad and Harun have already been granted the concession of anticipatory bail vide orders dated 27.12.2018 passed by the Addl. Sessions Judge. Learned counsel further submits that recovery has already
MOHD YAKUB 2019.03.14 16:29 I attest to the accuracy and integrity of this document
CRM-M No.4823 of 2019 2
been effected and the petitioner was not arrested at the spot.
Notice of motion for 14.03.2019 ....”
Counsel for the petitioner has submitted that, in pursuance to the order dated 01.02.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation.
Counsel for the State, on instructions from HC Sukhbir Singh, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation.
In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 01.02.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.
(ARVIND SINGH SANGWAN) JUDGE
14.03.2019 yakub
| Whether speaking/reasoned | Yes/No |
|---|---|
| Whether reportable: | Yes/No |
MOHD YAKUB 2019.03.14 16:29 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in the instant FIR considering he is a co-accused in another case and recovery has been effected.
1 provisions across 1 enactments
Akhtar
State of Haryana
Arvind Singh Sangwan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
