High Court Punjab-Haryana High Court

Subhash Chand And Others vs State Of Haryana on 22 August, 2008

Punjab-Haryana High Court
Subhash Chand And Others vs State Of Haryana on 22 August, 2008
Criminal Misc. No. M-15642 of 2008                                       1




      In the High Court of Punjab and Haryana, at Chandigarh.


                    Criminal Misc. No. M-15642 of 2008

                       Date of Decision: 22.8.2008


Subhash Chand and Others
                                                              ...Petitioners
                                  Versus
State of Haryana
                                                            ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr.Sudhanshu Makkar, Advocate
         for the petitioner.

          Mr. Sunil Nehra, Assistant Advocate
          General, Haryana, for the respondent-State.


Kanwaljit Singh Ahluwalia, J. (Oral)

On 25.6.2008, a Co-ordinate Bench of this Court passed the

following order:-

“Present: Mr. Sudhanshu Makkar, Advocate
for the petitioner.

Learned counsel for the petitioner

contends that the alleged occurrence had taken

place on 28.1.2008 whereas the FIR has been

registered at delay of 4½ months on 13.6.2008 after

consultation and deliberation.

Notice of motion to State of Haryana for

14.7.2008.

Criminal Misc. No. M-15642 of 2008 2

In the meantime, arrest of the petitioners is

stayed subject to his complying with the conditions

as laid down under Section 438(2) Cr.P.C.

Sd/-

(Rakesh Kumar Jain)
Judge
June 25, 2008″.

Mr. Sunil Nehra, learned Assistant Advocate General,

Haryana, on instructions from Ram Singh, Assistant Sub Inspector,

submits that the petitioner has joined the investigation but the recovery

of Rs.60,000/- value of the trees is to be effected.

Since the entire dispute revolves around Rs.60,000/- value of

the trees, it is to be decided by the trial Court whether the petitioners

are responsible for the offence or not?

No custodial interrogation of the petitioners is required.

For the reasons stated in the order dated 25.6.2008 and the

statement made by counsel for the State, order dated 25.6.2008 is made

absolute till the submission of report under Section 173 Cr.P.C.

(challan). Thereafter, petitioners shall be permitted to furnish regular bail

bonds to the satisfaction of the concerned Court.

The present petition is disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
August 22, 2008
“DK”