High CourtsSingle Bench

Anil Kumar Atwal vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 9 December 2020 · Citation: (2020) 12 P&H CK 0155

HON’BLE JUDGES
Harnaresh Singh Gill, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 406, 420 · Essential Commodities Act, 1955 — Section 7, 10, 55
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 26386 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

24 paragraphs · 349 words

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing.

Reply by way of an affidavit dated 08.12.2020 of Director, Food Civil Supplies and Consumer Affairs, Haryana, filed through email, is taken on

record.

Through this petition under Section 438 Cr.P.C., petitioner seeks anticipatory bail in case baring FIR No.81 dated 08.06.2020, registered under

Sections 406 and 420 IPC and Section 7/10/55 of the Essential Commodities Act, 1955, at Police Station Radaur, District Yamunanagar.

On 25.09.2020, a Coordinate Bench of this Court passed the following order:-

Reply by way of affidavit dated 15.09.2020 of Sh. Chander Shekhar Khare, Director, Food, Civil Supplies and Consumer Affairs Department,

Haryana on behalf of the respondent/State has been filed in the Registry. The same is taken on record. Registry will tag the reply at the appropriate

place.

Learned State Counsel wishes to file better affidavit regarding the fate of complaint dated 14.04.2020 (P-5) made by the petitioner against Roshan

Lal, Inspector, Food, Civil Supplies and Consumer Affairs, Radaur, District Yamuna Nagar.

Permitted to do so.

Adjourned to 24.11.2020.

In the meanwhile, petitioner will join the investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him

to interim bail in the present case till the next date of hearing on his furnishing adequate bail and surety bonds to his satisfaction. The petitioner is also

directed to abide by all the conditions as envisaged under Section 438(2) Cr.P.C.â€​

Learned counsel for the petitioner submits that pursuant to the order dated 25.09.2020 passed by a Coordinate Bench of this Court, the petitioner has

joined the investigation.

Learned State counsel, on instructions from ASI Darshan Singh, submits that the petitioner has joined the investigation and is not required for any

further investigation.

In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 25.09.2020 passed by a

Coordinate Bench of this Court granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure.