This court accepted a petition for anticipatory bail, converting previous interim directions into an absolute order. The petitioner, facing investigation without custodial interrogation, was granted bail conditions under Cr.P.C. 438(2).
Anticipatory bail granted; interim directions made absolute.
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In The High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-23324-2021 (O&M) Date of Decision:- 6.10.2021
Biru
.... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Dr. Deepak Jindal, Advocate, for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted by ASI Mahabir Singh.
(Proceedings conducted through video conferencing)
GURVINDER SINGH GILL, J . (Oral)
MOHAN SINGH 2021.10.06 15:57 I attest to the accuracy and integrity of this document
- 2 - CRM-M-23324-2021 (O&M)
Act, 1985, Section 269 of the IPC, Section 51(b) of the Disaster Management Act, 2005 registered at Police Station City Tohana, District Fatehabad, Haryana.
Learned counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated in the case in hand. He submits that the contraband namely; Clovidol-100 SR containing salt Tramadol hydrochloride (200 foils of 10 tablets each) was recovered from the possession of the coaccused; Satgur Singh. He further contends that it was only during the interrogation of the main accused Satgur Singh, the petitioner was nominated as an accused in the disclosure statement allegedly suffered by former. It has been contended that the disclosure statement so made by the co-accused has very weak evidentiary value. He also contends that it is a matter of record that the relations between the family of the petitioner and the main accused were restrained on account of a previous litigation. He has invited the attention of this Court to Annexure P-2, which is a judgement dated 05.11.2014 passed by the learned trial Court in a case FIR No. 239 dated 15.06.2014 lodged under Section 148, 149, 323, 324, 341, 506, 326 and 325 of the Indian Penal Code, 1860, which was registered at the instance of the real uncle of the complainant. Learned counsel for the petitioner has further submitted that the petitioner is a daily wager and is a man of clean antecedents in much as he is not involved in any other case much less under the NDPS Act, 1985.
Notice of motion.
MOHAN SINGH 2021.10.06 15:57 I attest to the accuracy and integrity of this document
- 3 - CRM-M-23324-2021 (O&M)
On the asking of Court, Mr. Tapan Kumar, DAG, Haryana accepts notice on behalf of the respondent-State.
Meanwhile, petitioner is directed to join investigation as and when required by the investigating officer. In the event of his arrest, he shall be admitted to interim bail on his furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Code of Criminal Procedure, 1973.
Adjourned to 06.10.2021.”
| 6.10.2021 | (GURVIN | DER SINGH GILL) | |
|---|---|---|---|
| Mohan | JUDGE | ||
| Whether speaking /reasoned | Yes / No | ||
| Whether Reportable | Yes / No |
MOHAN SINGH 2021.10.06 15:57 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving NDPS, IPC, and Disaster Management Act offences.
1 provisions across 1 enactments
Biru
State of Haryana
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
