High Court of Punjab and Haryana, Chandigarh
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Gurbax Singh & Anr. v. State of Haryana - CRM-58335-M-2006  RD-P&H 9672 (1 November 2006)
Crl. Misc. No.58335-M of 2006
DATE OF DECISION:8.11.2006
Gurbax Singh & Anr. ..........Petitioners Versus
State of Haryana ..........Respondent
CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present:- Shri Rajnish Gupta, Advocate
for the petitioners.
Shri M.S. Sindhu, DAG, Haryana.
Petitioners Gurbax Singh and Ram Singh apprehending their arrest in a non-bailable offence in case FIR No. 731 dated 6.9.2006 under Sections 379,411,409, 120-B IPC, registered at Police Station City Sirsa, have filed this petition under Section 438 Cr.P.C. for anticipatory bail.
I have heard counsel for the parties and gone through the contents of the FIR.
The allegation against the petitioners, who are Guard and Block Officer of the Forest Department, is that they in connivance with the co-accused, namely, Dalbir Singh and Lekh Raj, Contractor, were permitting the accused Dalbir Singh for taking the forest trees to sell the same to the saw mill owner.
Counsel for the petitioner contends that except the statement of co-accused Dalbir Singh, there is no evidence against the petitioners.
Counsel for the petitioners further contends that in view of the order dated 28.9.2006, the petitioners have joined the investigation. This fact has not been disputed by the State Counsel.
In view of the above, the interim bail, granted vide order dated 28.9.2006 is made absolute subject to the same terms and conditions.
This bail order shall remain in operation till the investigation culminates into filing of challan under Section 173 Cr.P.C. except for material change in the circumstances. Thereafter the petitioners shall be entitled to the grant of regular bail by the trial Court and the same shall further continue till conclusion of the trial on the conditions to be imposed by the court of competent jurisdiction.
Disposed of accordingly.
November 8, 2006 (SATISH KUMAR MITTAL)
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