Ravinder Namberdar vs State Of Haryana

Harsimran Singh Sethi, J

Petitioner is seeking anticipatory bail in FIR No.23 dated 23.01.2018 registered under Sections 120-B, 420, 467, 468, 471 IPC at Police Station Nangal Chaudhary, District Mahendergarh

Learned counsel for the petitioner contends that the petitioner has joined investigation in terms of order passed by this Court on 17.08.2020. Order dated 17.08.2020 is as under:-

"Learned counsel for the petitioner submits that anticipatory bail application of the petitioner has been declined on the ground that the petitioner is not cooperating and is not giving thumb impression as well as writing specimens . Learned counsel for the petitioner further submits that at no given point of time, the petitioner was asked for the thumb impression and the writing specimens and the petitioner is ready to give the thumb impression as well as writing specimens as and when asked.

Notice of motion to the respondent for 14.10.2020.

Ms. Ambika Luthra, Additional Advocate General, Haryana, who has joined the proceedings through video conference, accepts notice on behalf of the respondent-State. Learned counsel for the respondent-State submits that in case the petitioner is ready to cooperate and give the thumb impression and the writing specimens, this Court may consider the prayer of the petitioner for the grant of anticipatory bail.

Keeping in view the undertaking given by the learned counsel for the petitioner to the effect that the petitioner will cooperate and give the thumb impression as well as writing specimens, the petitioner is allowed the benefit of anticipatory bail to the satisfaction of the Area Magistrate/Chief Judicial MagistrateThe learned trial Court will ensure the receipt of the thumb impression and the writing specimens before accepting the conditions for the anticipatory bail.

In view of the above, the petitioner has made out a case for the grant of anticipatory bail. Petitioner is directed to join the investigation forthwith. In the event of his arrest, he shall be released on interim bail to the satisfaction of the Arresting Officer/Investigating Officer on his furnishing bail bonds/surety bonds to his/her satisfaction subject to the following conditions:

i) That he shall make himself available for interrogation by the police officer as and when required.

(ii) That he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from from disclosing the said facts to the Court or to any police officer.

(iii) That he shall not leave India without prior permission of the Court.

(iv) That he shall abide by all the conditions as enshrined under Section 438 (2) Cr.P.C.

Adjourned to 14.10.2020.

It is, however, made clear that after the petitioner join the investigation, in case any incriminating material comes against the petitioner, the respondent-State will be at liberty to file appropriate application seeking the custody of the petitioner in case, the same is needed."

Learned State counsel, who has also joined the proceedings through video conference, on instructions from SI Virender Singh states that in terms of the order of this Court reproduced before, the petitioner has joined the investigation and no further interrogation is required, at this stage.

In view of the above, the order dated 17.08.2020 granting interim bail to the petitioner is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.

In case at any given point of time hereinafter, it is felt by the Investigating Agency that petitioner is required for the investigation but is not co-operating, it will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.