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Aashik vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 12 August 2010 · Citation: (2010) 08 P&H CK 0353

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438, 438(2) · Penal Code, 1860 (IPC) — Section 120B, 188, 379
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Judgment

14 paragraphs · 368 words

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 32 dated 18.01.2010, under Sections 379/188/120-B IPC, registered at Police Station Nuh, District Mewat.

2.

I have heard Learned Counsel for the parties and have gone through the whole record.

3.

This Court while issuing notice of motion on 20.07.2010 passed the following order:

Crl.M. No. 36122 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M-20443 of 2010

Argues that petitioner is not owner of the dumper allegedly used in carrying stones extracted by illegal mining. Further contends that petitioner is registered owner of dumper bearing registration No. HR74-1431 and, however, this number was used by co-accused Islam on the said dumper. It is further contended that it came into enquiry that Islam is the owner of the dumper bearing registration No. HR27J-1431. It is further contended that dumper owned by the petitioner has been illegally taken into custody by the police.

Notice of motion for 12.8.2010.

However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

4.

It has been stated by Learned Counsel for the petitioner that he has already joined the investigation pursuant to said order dated 20.07.2010.

5.

It has also been stated by Learned Counsel for the State that petitioner has joined the investigation. As per version of FIR as well co-accused Islam is the owner of Dumper involved in this case.

6.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

7.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Aashik, is accepted and order dated 20.07.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C.

8.

The present petition stands disposed of accordingly.