Full Judgment
CRM-M No.12796 of 2013 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.12796 of 2013 Date of decision : May 02, 2013 Iliyas, .....Petitioner v.
State of Haryana, .....Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.Sarfraj Hussain, Advocate for the petitioner.
Ms.Preeti Chaudhary, AAG Haryana *** 1.
Whether Reporters of Local Newspapers may be allowed to see the judgment ?.”
2. To be referred to the Reporters or No.?.”
3. Whether the judgment should be reported in the Digest ?.
*** AJAY TEWARI, J (Oral) The petitioner seeks grant of anticipatory bail in case FIR No.141, dated 5.4.2013, registered under Sections 195, 195-A, 196, 211, 336, 420, 120-B of the IPC and Sections 25, 54, 59 of the Arms Act, at Police Station Punhana, District Mewat.
On 25.4.2013, the following contentions were noticed :- “ As per learned counsel the allegations are that the petitioner helped in inserting pellets in the body of Shokeen to create evidence in a cross case against the complainant but actually neither any cross case was registered not the petitioner is a doctor not he has a shop at Punhana.
The main accused i.e Shokeen, Niazu and Azad have already been arrested.”
Counsel for the respondent, on instructions from ASI Ramesh CRM-M No.12796 of 2013 ::2:: Chand, states that the police has made investigations and has got independent evidence to prove the allegations against the petitioner.
Counsel for the petitioner states he is not in a position to dispute the assertion made by counsel for the respondent but if given an opportunity, the petitioner would be able to convince the IO about his innocence that he was not involved in the matter but for this reason, interim protection should be granted to him.
Counsel for the respondent has fairly accepted this.
The petitioner is directed to appear before the Investigating Officer for investigation on 8.5.2013 between 10 am to 4 pm and on any other day on which the IO requires his presence.
In the event of his appearance, the petitioner shall be released on interim anticipatory bail by the Investigating Officer to his satisfaction subject to the compliance of the provisions as contained in Section 438(2) of the Cr.P.C.Adjourned to 24.5.2013 to await the report of the Investigating Officer.
Final order regarding grant or refusal of anticipatory bail to the petitioner shall be passed after the said report is received.
( AJAY TEWARI ) May 02, 2013.
JUDGE `kk'