High CourtsSingle Bench

Paras Arora & Another vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 December 2020 · Citation: (2020) 12 P&H CK 0034

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 379B, 452, 506 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 19711 Of 2020
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Judgment

21 paragraphs · 375 words

Gurvinder Singh Gill, J

1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.360 dated 21.06.2020 at

Police Station Ballabhgarh City, District Faridabad under Sections 323, 34, 452, 506 of Indian Penal Code (earlier added Section 379-B of IPC deleted

later on).

2.

At the time of issuance of notice of motion on 27.07.2020, this Court passed the following order:

“Learned counsel for the petitioners submits that the file of the lower Court has been inspected and that there is no formal order declining the bail

consequent upon non-joining of the investigation by the petitioners.

The petitioners had been granted anticipatory bail by the trial Court vide separate orders dated 2.7.2020 and 3.7.2020 which was made subject to the

condition that the petitioners join investigation by 10.7.2020.

Learned counsel for the petitioners has submitted that it was on account of some wrong impression that the said date is 10.8.2020 that the petitioners

did not join investigation and that they in any case are willing to join investigation even now.

Notice of motion for 2.12.2020.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the

satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and cooperate

with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.â€​

3.

Learned State counsel on instructions from SI Surinder Singh has informed that pursuant to interim directions issued by this Court, the petitioners

have since joined investigation and are not required for any custodial interrogation.

4.

Having regard to the facts and circumstances of the case and while keeping in view the fact that the petitioners have since joined investigation and

are not required for any custodial interrogation, the petition, as such, is accepted and the interim directions issued by this Court vide order dated

27.07.2020 are hereby made absolute subject to the condition that the petitioners 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.