The petitioner sought anticipatory bail for offences under Section 379-A IPC. The Court noted that the petitioner had joined the investigation and was not required for custodial interrogation. The petition was accepted, and interim bail directions were made absolute.
Interim bail directions made absolute, subject to cooperation with investigation.
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217
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-17559-2024 Date of Decision: 03.10.2024
Salib
...Petitioner
Versus
State of Haryan a ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Diwan S. Adlakha, Advocate fo r the petitioner. Mr . Neeraj Sheoran, DAG, Haryan a .
| FIR No. | Dat ed |
Police Station | Se ction/s |
|---|---|---|---|
| 191 | 23.0 9.2023 |
Buria, District |
37 9-A IPC |
| Yamuna Nagar |
GURVINDER SINGH GILL, J. (Oral)
The pet i tioner seeks grant of anticipatory bail in respect o f aforementioned FIR.
At the ti m e of issuance of notice of moti o n on 09.04.2024, the followin g
order was passe d :
“T h e petitioner seeks grant of anti c ipatory bail in respect of a cas e registere d vide FIR No.191, dated 23. 9 .2023 at Police Station Buria, District Y amuna Nagar, under Sections 379-A of Indian Penal Code. Th e FIR was lodged at the instan c e of Anil Kumar, wherein it i s alleged t h at on 22.9.2023 at about 10:4 0 PM, 3 boys with muffled faces, who had come on a Splendor motorcy c le, snatched his mobile phon e make IT E L having sim No.96719-20563 of Jio Company and an amoun t of Rs.2000- 2500/-, which he was carryi n g in his pocket. It is further th e case of the prosecution that during the course of interrogation, the police
PUSHPINDER SAINI 2024.10.03 16:43 I attest to the accuracy and integrity of this document
CRM-M-17559-2024
-2-
found that one sim No.93069-52800 was issued in the name of one Rasi d and the same was being used in the mo b ile phone of complainant. It i s further the case of prosecution that the a f oresaid Rasid was interrogate d and he di s closed that his cousin i.e. petit i oner has had given him the sai d mobile p h one.
Learned counsel for the petitioner submitted that th e petitione r has been nominated solely on t he basis of disclosure statemen t of one R a shid, who is not even arraye d as an accused and that as a matter o f fact the petitioner is being ma d e scapegoat though the mobil e phone in question was recovered from h is cousin Rasid with whom th e petitione r is having strained relationshi p . It has further been submitte d that the p etitioner otherwise has a clea n record and is not involved i n any other case.
Notice of motion for 3.10.20 2 4.
Meanwhile, in the event of a rrest, the petitioner be release d on interi m bail subject to his furnishing p ersonal bonds and surety bond s to the s a tisfaction of Arresting/Invest i gating Officer. However, th e petitione r shall join the investigation as and when called upon to do s o and coop e rate with the Investigating Of fi cer and shall also abide by th e condition s as provided under Section 438 (2) Cr.P.C.”
interim directi o ns issued by this Court, the petitioner has since joine d investigation a n d is not required for any custo d ial interrogation and that he i s not wanted in a n y other case.
CRM-M-17559-2024 -3-
and when calle d upon to do so and cooperate with the Investigating Officer an d shall also abide by the conditions as provided u n der Section 438 (2) Cr.P.C.
(GURVINDER SINGH GILL) October 03, 2024 JUDGE ps
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
PUSHPINDER SAINI 2024.10.03 16:43 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in FIR No. 191?
2 provisions across 2 enactments
Salib
State of Haryana
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
