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(2022) Law Today Live Doc. Id. 16665
Decided on: 07.04.2022
Present:
Mr. S.S. Nain, Advocate for Mr. Pardeep Chhoker, Advocate for the petitioner.
Mr. Deepak Kumar Grewal, DAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 307, 379-B, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Unlawful assembly – Snatching matter – Anticipatory bail -- Role attributed to the petitioner is that he was a member of unlawful assembly and he barged into the shop of the injured having a cudgel (danda) and looted Rs.7,000/-from the drawer of the latter -- Recovery of the looted amount and danda is to be made from the petitioner – Petitioner has joined the investigation and is no more required for any further investigation -- Petition allowed and the interim bail granted to the petitioner made absolute.
(Para 4, 5)
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ARVIND SINGH SANGWAN, J. (ORAL) –
1. The petitioner prays for grant of anticipatory bail in FIR No. 602 dated 06.10.2021, registered under Sections 148, 149, 307, 506 of the IPC (Section 379-B IPC added later on) at Police Station City Palwal, District Palwal.
2. The operative part of the order dated 14.02.2022, vide which the petitioner has been granted interim bail, is reproduced below:
“As per the aforesaid status report, during the course of investigation, the accused namely Ranjit was arrested on 28.12.2021 and during interrogation, he suffered disclosure statement admitting to have committed the crime. It has also been mentioned in the report that CCTV footages and pen drive provided by the counsel for the petitioner have been verified and as per the said footages, accused Ranjit is found to be present at a walking distance of 2/3 minutes from the place of occurrence. It has further been mentioned therein that the role attributed to the present petitioner is that he was a member of unlawful assembly and he barged into the shop of the injured having a cudgel (danda) and looted Rs.7,000/-from the drawer of the latter. The recovery of the looted amount and danda is to be made from the petitioner. However, as per record, there is no other case registered against the petitioner.
Adjourned to 07.04.2022.
In the meanwhile, petitioner is directed to join the investigation. In the event of arrest, petitioner shall be released on pre-arrest bail at the satisfaction of the Arresting Officer/Investigating Officer subject to the following conditions, as envisaged under section 438(2) Cr.P.C:-
i. that the petitioner shall make himself available for interrogation by a police officer as and when required;
ii. that the petitioner 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 disclosing such facts to the Court or to any police officer;
iii. that the petitioner shall not leave India without the previous permission of the Court.”
3. Learned counsel for the petitioner submits that the petitioner, in pursuance to the order dated 14.02.2022, has already appeared before the SHO/Investigating Officer and has joined the investigation.
4. Learned counsel for the State, on instructions ASI Jamshed Ali, has not disputed the factual position and submits that the petitioner has joined the investigation and is no more required for any further investigation.
5. In view of the above, the petition is allowed and the interim bail granted to the petitioner, vide order dated 14.02.2022, is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.
Petition allowed.
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