Please Log in / Register to access the full text of this judgment and the entire database
(2021) Law Today Live Doc. Id. 16421
Decided on: 15.07.2021
Present:
Mr. Ashok Arora, Advocate, for the petitioner.
Mr. Sukhdeep Parmar, DAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Section 379, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft case – Anticipatory bail -- Present FIR at Hisar -- Interim bail was granted on the contention that petitioner is being indicted for theft of vehicle in respect of that a case FIR No.434 dated 30.08.2019 u/s 379 IPC already stands registered at Gurugram and vehicle was recovered on 05.11.2019 and two accused were arrested and he was indicted on the basis of disclosure statement of one of them -- Petitioner has joined the investigation, not required for custodial interrogation for the time being -- Petition allowed.
(Para 1-5)
***
MANOJ BAJAJ, J. (ORAL) –
1. This petition has been filed by the petitioner under Section 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No.567 dated 05.11.2019, under Sections 379 and 411 IPC 1860, registered at Police Station, Sadar Hisar, District Hisar. The petitioner apprehended his arrest at the hands of police.
2. Learned counsel for the petitioner has invited the attention of the Court to the order dated 26.11.2019, whereby while issuing notice of motion to the respondent-State, the interim protection was extended to the petitioner. The said order reads as under:-
“Learned counsel for the petitioner contends that the petitioner is being indicted for theft of vehicle bearing No.HR-26-BZ-1792 and in respect of that a case FIR No.434 dated 30.08.2019 under Section 379 IPC already stands registered at Police Station Sector-53, Gurugram. He submits that the said vehicle was recovered on 05.11.2019 and two accused namely, Naresh and Narender were arrested. He submits that the petitioner was indicted on the basis of disclosure statement of Naresh.
Notice of motion for 22.04.2020.
Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C.”
3. Learned counsel for the petitioner further contends that in deference to the said order, the petitioner submitted himself before the police and joined the investigation. According to him, the petitioner cooperated with the police authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.
4. Learned State counsel, who is assisted by SI Vishavjeet, does not dispute this fact that the petitioner has joined the investigation. Learned counsel, on instructions, further states that the petitioner is not required for custodial interrogation for the time being.
5. Considering the above, the petition is allowed and the interim bail granted by this Court vide order dated 26.11.2019 is made absolute.
Petition allowed.
********