Dismissed

Basant Kumar Tiwari v. State of Haryana

Punjab & Haryana HC11 Nov 2021CRM-M/46074/2019

Case brief

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What is this about?

Petitioner petitioned for anticipatory bail in an FIR regarding fake boiler attendant certificates. The court denied bail after investigation revealed petitioner's certificate was genuine and he had joined the investigation.

What did the court decide?

Petition accepted and made absolute subject to joining investigation and complying with Section 438(2) Cr.P.C. conditions; effectively denying fresh bail.

Basant Kumar Tiwari Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2021)

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In The High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-46074-2019 (O&M) Date of Decision:- 11.11.2021

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Basant Kumar Tiwari .... Petitioner

Versus

State of Haryana

... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr.Gaurav Tyagi, Advocate for Mr. S.S.Kharb, Advocate, for the petitioner.

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Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Ajmer Singh.

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(Proceedings conducted through video conferencing)

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GURVINDER SINGH GILL, J . (Oral)

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The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No. 243, dated 7.3.2016, Police Station Chandni Bagh, District Panipat, under Sections 420, 467, 468, 471, 506, 201 IPC.

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The FIR in question was lodged at the instance of one Dharambir wherein he alleged that several boiler attendants who were employed in private factories had been employed as such on the basis of fake

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MOHAN SINGH 2021.11.11 17:18 I attest to the accuracy and integrity of this document

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- 2 - CRM-M-46074-2019 (O&M)

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certificates, whereas they were required to have requisite certificates under the Boilers Act 1923, duly issued by the authorities concerned of Government of Haryana.

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Learned State counsel, upon instructions from ASI Ajmer Singh has informed that pursuant to interim directions, the petitioner has joined investigation and is not required for any custodial interrogation. It has also been informed that in fact upon verification of certificates of various boiler attendants, it was found that some of the boiler attendants were having genuine certificates and that the certificate in respect of the petitioner was a genuine certificate.

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In view of the aforestated position wherein the certificate in respect of the petitioner has been verified to be genuine and he has already joined investigation, his custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 30.10.2019 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

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(GURVINDER SINGH GILL) JUDGE

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11.11.2021		(GURV
Mohan
	Whether speaking /reasoned	Yes / No
	Whether Reportable	Yes / No

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MOHAN SINGH 2021.11.11 17:18 I attest to the accuracy and integrity of this document

Basant Kumar Tiwari v. State of Haryana

Case brief

What is this about?

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Basant Kumar Tiwari v. State of Haryana

Case brief

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What did the court decide?

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