Please Log in / Register to access the full text of this judgment and the entire database
(2021) Law Today Live Doc. Id. 16355
Decided on: 30.06.2021
Present:
Mr. R.S. Mamli, Advocate for the petitioner.
Mr. Arun Beniwal, DAG, Haryana.
Electricity Act, 2003 (36 of 2003), Sections 135 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft of electricity – Anticipatory bail -- Interim bail granted on submission that allegations in the FIR are with regard to the theft of electricity causing a loss of Rs.1,30,844/- to Dakshin Haryana Bijli Vitaran Nigam Limited -- Civil Court is seized of the matter -- FIR was lodged two years ago -- Petitioner has joined the investigation in pursuance of the interim direction issued by the Court and custodial interrogation is not required – Order granting interim bail to the petitioner is made absolute.
(Para 2-4)
***
VIVEK PURI, J. (ORAL) –
1. Present petition under Section 438 Cr.P.C. for seeking anticipatory bail to the petitioner, namely Preetpal in case FIR No. 507 dated 19.01.2018, registered under Sections 135 of Electricity Act, 2003, at Police Station I & P, Hisar, District Hisar.
2. On 26.02.2020, the following order was passed.
“Copy of the plaint has been placed on record.
Briefly the allegations in the FIR bearing No. 507 dated 19.1.2018, under Section 135 of Electricity Act, 2003 registered at Police Station I&P Hisar, District Hisar are with regard to the theft of electricity causing a loss of Rs.1,30,844/- to Dakshin Haryana Bijli Vitaran Nigam Limited. The Civil Court is seized of the matter. The FIR was lodged two
years ago.
Notice of motion for 16.4.2020.
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 State counsel on instructions from ASI Davinder Singh has not disputed the factual position and states that on 28.11.2020, the petitioner has joined the investigation in pursuance of the interim direction issued by the Court and custodial interrogation is not required.
4. In view of the submissions of learned counsel for the petitioner and keeping in view the fact that the petitioner has joined investigation, the order dated 26.02.2020, granting interim bail to the petitioner is made absolute.
5. 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.
6. The petition stands disposed of.
Order accordingly.
********