Rishi Kumar vs. State Of Haryana
Original PDF →Facts
The petitioner, Rishi Kumar, sought anticipatory bail in a criminal case registered under Section 132 of the Central Goods and Services Tax Act, 2017, and various sections of the Indian Penal Code, including Sections 406, 419, 420, 465, 467, 468, 471, and 120-B (later Section 409 IPC was added). The FIR was registered on 28.10.2020 at Police Station Civil Line, District Sirsa. The petitioner was initially granted interim bail by the High Court on 14.02.2024, with a direction to join the investigation. The petitioner has since joined the investigation as per the court's order. The State, through its counsel, informed the court that the petitioner is no longer required for further investigation or custodial interrogation.
Held
The Court allowed the petition for anticipatory bail. The reasoning was based on the petitioner's compliance with the interim bail order by joining the investigation. Furthermore, the State's counsel, on instructions, submitted that the petitioner was no longer required for further investigation or custodial interrogation. Consequently, the Court, without commenting on the merits of the case, made the interim bail absolute, subject to the conditions stipulated under Section 438(2) of the Cr.P.C. The ratio decidendi is that when an accused has joined the investigation as directed and the prosecution does not require further custodial interrogation, anticipatory bail can be confirmed.
Key Issues
1. Whether the petitioner is entitled to the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in light of his compliance with the interim bail order and the State's submission that he is no longer required for custodial interrogation? Petitioner's Contention: The petitioner argued that he had complied with the court's previous order by joining the investigation. State's Contention: The State submitted that the petitioner had joined the investigation and was no longer required for further custodial interrogation, implying no objection to the confirmation of bail.
Sections Cited
Section 132, Section 438(2)
AI-generated summary — verify with the full judgment below
CRM-M-7848-2024 :1: 204(B) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-7848-2024 Date of decision:08.07.2024 RISHI KUMAR ... Petitioner VERSUS STATE OF HARYANA ... Respondent CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH Present: Mr. Rajan Bansal, Advocate, for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana. ***** KARAMJIT SINGH, J. (Oral) Prayer is for grant of anticipatory bail to the petitioner in criminal case having FIR No.355 dated 28.10.2020 registered under Section 132 of Central Goods and Services Tax Act (CGST), 2017 and Sections 406, 419, 420, 465, 467, 468, 471, 120-B of IPC (Section 409 of IPC added later on) at Police Station Civil Line, District Sirsa.
Petitioner was granted interim bail with direction to join investigation by this Court vide order dated 14.02.2024. 3. Today, counsel appearing on behalf of the petitioner apprised the Court that in compliance of the aforesaid order petitioner has joined investigation with the police.
Reply by way of an affidavit of Jagat Singh, HPS, Deputy Superintendent of Police, Headquarter Sirsa, District Sirsa filed on behalf of State is taken on record along with Annexure R-1. Priyanka Thakur 2024.07.09 18:12 I attest to the accuracy and integrity of this document
CRM-M-7848-2024 :2:
State counsel on instructions from ASI Abhay Ram submits that petitioner who has joined investigation with the police is no more required by the police for any further investigation or custodial interrogation in the present case.
In view of the above, without commenting on the merits of the case, the present petition is allowed and order of interim bail dated 14.02.2024 is hereby made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.
(KARAMJIT SINGH) 08.07.2024
JUDGE Priyanka Thakur Whether speaking/reasoned Yes/No Whether reportable Yes/No Priyanka Thakur 2024.07.09 18:12 I attest to the accuracy and integrity of this document
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.