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”