RAMESH @ DABBU Vs. STATE OF HARYANA
LAWS(P&H)-2011-4-279
HIGH COURT OF PUNJAB AND HARYANA
Decided on
April 18,2011
Ramesh @ Dabbu
Appellant
VERSUS
STATE OF HARYANA
Respondents
Referred Judgements :-
SIDDHARAM SATLINGAPPA MHETRE V. STATE OF MAHARASHTRA AND ORS [REFERRED TO]JUDGEMENT
Alok Singh, J. -
(1.)THIS is an application seeking anticipatory bail in FIR No. 147 dated 18.2.2011, under Sections 148/149/447/506/420/467/468/471/120 -B of Indian Penal Code, registered at Police Station Samalkha, District Panipat.
On 14.3.2011, this Court has passed the following order:
Learned Counsel for the Petitioner states that Petitioner was only attesting witness of the sale deed in question and he has neither cheated the complainant nor has gained anything unlawfully out of the impugned transaction. He has further stated that custodial interrogation of the Petitioner in the facts and circumstances of this case is wholly unjustified. Learned Counsel has placed reliance on the judgment of the Hon'ble Apex Court in the matter of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in, 2011(1) RCR 126,and argued that irrational and indiscriminate arrest should be avoided.
Notice of motion for 18.04.2011.
Meanwhile, it is directed that in the event of arrest of the Petitioner, he shall be released on bail on furnishing his personal bonds and one surety of Rs. 20,000/ - to the satisfaction of the Arresting Officer, subject to the conditions provided under Section 438(2) of the Code of Criminal Procedure. Petitioner shall participate in the investigation as and when he is required.
(2.)LEARNED Counsel for the Petitioner states that Petitioner has reported to the police station, however, could not meet the Investigating Officer.
Mr. Gaurav Dhir, Deputy Advocate General, Haryana, on the instructions from ASI Suresh Kumar, has stated that if Petitioner reports the Investigating Officer within a week, he shall be released on bail as per order of this Court dated 14.3.2011.
(3.)CONSIDERING totality of the facts and circumstances of the case, petition is allowed. Order dated 14.3.2011 is made absolute, subject to the conditions mentioned under Section 438(2) Code of Criminal Procedure However, it is directed that Petitioner shall positively report to the Investigating Officer within ten days from today, failing which prosecution shall be at liberty for revocation of the order of bail.
On 14.3.2011, this Court has passed the following order:
Learned Counsel for the Petitioner states that Petitioner was only attesting witness of the sale deed in question and he has neither cheated the complainant nor has gained anything unlawfully out of the impugned transaction. He has further stated that custodial interrogation of the Petitioner in the facts and circumstances of this case is wholly unjustified. Learned Counsel has placed reliance on the judgment of the Hon'ble Apex Court in the matter of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in, 2011(1) RCR 126,and argued that irrational and indiscriminate arrest should be avoided.
Notice of motion for 18.04.2011.
Meanwhile, it is directed that in the event of arrest of the Petitioner, he shall be released on bail on furnishing his personal bonds and one surety of Rs. 20,000/ - to the satisfaction of the Arresting Officer, subject to the conditions provided under Section 438(2) of the Code of Criminal Procedure. Petitioner shall participate in the investigation as and when he is required.
(2.)LEARNED Counsel for the Petitioner states that Petitioner has reported to the police station, however, could not meet the Investigating Officer.
Mr. Gaurav Dhir, Deputy Advocate General, Haryana, on the instructions from ASI Suresh Kumar, has stated that if Petitioner reports the Investigating Officer within a week, he shall be released on bail as per order of this Court dated 14.3.2011.
(3.)CONSIDERING totality of the facts and circumstances of the case, petition is allowed. Order dated 14.3.2011 is made absolute, subject to the conditions mentioned under Section 438(2) Code of Criminal Procedure However, it is directed that Petitioner shall positively report to the Investigating Officer within ten days from today, failing which prosecution shall be at liberty for revocation of the order of bail.
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