✦ Punjab & Haryana High Court

IN T v. State of Haryana

CRM-M No. 1036 of 2024MANJARI NEH NEHRU KAUL2 min read

Case at a glance

Outcome

Allowed

aspects, the instant petition is allowed and interim order dated 14

Key paragraphs

  • Para 55. Be that as it may, since the petitioner has joined investigation in compliance of order dated 14.02.2024 and otherwise cooperated qua all other aspects, the instant petition is allowed and interim order dated 14.02.2024 is made absolute subject to the conditions laid down in…

Judgment

Present: Mr. Mr. Bipan Ghai, Sr. Advocate with Mr. P Mr. P.S. Bindra, Advocate and Ms. M petitioner. petiti cate, te with Mr. Nikhil Ghai, Advocate, r the Ms. Malini Singh, Advocate for the Mr. Rajesh Gaur, Addl.A.G., Haryan Mr. aryana. *** *** MANJARI NEH NEHRU KAUL, J. (ORAL)

1.

The petitioner is seeking the conce The concession of anticipatory bail under Section 438 on 438 of the Cr.P.C. in case FIR No. IR No.47 dated 18.02.2023 under Sections 420, 467 0, 467, 468, 471, 120-B IPC and Se and Section 61 of Punjab Excise Act 1914, register egistered at Police Station Jui Kalan District Bhiwani.

2.

On 14.02.2024, while noticing the fo On e by the following submissions made by the learned State, State, this Court had granted the con o the he concession of interim bail to the petitioner and ask nd asked him to join investigation:-

Learned State counsel, o el, on instructions, while opposing the prayer of the petitioner, has submi bmitted that though the petitioner is not the manufacturer of the liquor, w - or, which was recovered from the co- accused, pursuant to a secret info information received, however, he had been supplying liquor to various ious persons as and when they got in touch with him; thereafter, the liqu liquor supplied by the petitioner would be transported to various parts of t of the country. PUSHPINDER SAINI 2024.06.01 04:13 I attest to the accuracy and integrity of this document CRM-M-1036-2024 -2- On a pointed query put to the learned State counsel as to whether the petitioner has any criminal antecedents or whether he is involved in any other case of similar nature, she on instructions, has replied in the negative and has submitted that the name of the petitioner surfaced in the disclosure statement suffered by co-accused Vishnu and Rajesh.

3.

Learned Senior counsel for the petitioner submits that in compliance of order dated 14.02.2024, the petitioner had joined investigation and extended full cooperation.

4.

Learned State counsel, on instructions from Inspector Sandeep Sharma, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency except that he had failed to disclose the name of the person from whom he had picked up the liquor, which in turn, was supplied to the co-accused.

Operative part

5.

Be that as it may, since the petitioner has joined investigation in compliance of order dated 14.02.2024 and otherwise cooperated qua all other aspects, the instant petition is allowed and interim order dated 14.02.2024 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C. Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same. May 30, 2024 (MANJARI NEHRU KAUL) JUDGE Whether speaking/ reasoned Whether reportable : : Yes/No Yes/No PUSHPINDER SAINI 2024.06.01 04:13 I attest to the accuracy and integrity of this document

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: aspects, the instant petition is allowed and interim order dated 14

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 438(2); Indian Penal Code, 1860; Punjab Excise Act, 1914 — s. 61.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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