- (1.) This Court, on January 25, 2012, had passed the following order: Present petition has been filed under Section 438 Cr.P.C. praying for grant of pre-arrest bail to the petitioner in a case arising out of FIR No. 457 dated 20.08.2011 registered at Police Station City Thanesar, District Kurukshetra under Sections 148, 149, 323, 506, 447, 452 and 395 IPC. Counsel for the petitioner states that co-accused Jasbir Singh was granted pre-arrest bail by this Court vide Criminal Misc. No. M-30680 of 2011 decided on 5th December, 2011. Learned counsel further states that the complainant has stated that petitioner is son of the maternal uncle of her husband. A property dispute is pending before the Civil Court. Counsel submits that from the sale deeds, it is evident that the petitioner was in possession of the house, therefore, the allegation levelled that the petitioner took away all the articles from the house is false, as the complainant was never in possession of the demised premises. Issue notice of motion to Advocate General, Haryana for 6th February, 2012. Meanwhile, in the event of arrest, the petitioner shall be released on interim bail to the satisfaction of arresting/investigating officer. The petitioner shall, however, join the investigation as and when called for and shall also abide by the conditions specified under Section 438(2) Cr.P.C.
(2.) Counsel for the State, on instructions from Pritam Singh SI, Police Station City Thanesar, District Kurukshetra, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
(3.) For the reasons stated in order dated January 25, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The order dated January 25, 2012, granting interim pre-arrest bail to the petitioner, is hereby affirmed and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, he shall continue to appear before the investigating agency as and when called-for till filing of a report under Section 173 Cr.P.C. He shall also abide by the conditions specified under Section 438(2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;