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2025 DAILYLAW 89229 (PNJ)

HAMID v. STATE OF HARYANA

CRM-M/43306/2025 · 2025-09-24

Manisha Batra

body2025

Judgment text

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CRM-M-43306-2025 (O&M) 1 220 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-43306-2025 (O&M) Date of Decision:24.09.2025 Hamid ......Petitioner Versus State of Haryana ......Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Imtiaz Hussain, Advocate for the petitioner. Ms. Himani Arora, D.A.G, Haryana. ***** MANISHA BATRA J.(Oral) 1. The present petition has been filed by the petitioner for grant of anticipatory bail in case FIR No.193 dated 18.06.2024 registered under Sections 3, 13(1), 5, 13(2), 8, 13(3) of the Haryana Gauvansh Sanrakshan and Gau Samvardhan Act, 2015 and Section 34 of IPC, at Police Station Hathin, District Palwal. 2. Vide order dated 11.08.2025, passed by this Court, the petitioner was granted interim bail and was directed to join investigation. 3. Status report/reply filed on behalf of the respondent-State is taken on record. Copy thereof, has been supplied to counsel opposite. 4. Learned counsel for the petitioner submits that when notice of motion was issued by this Court on 11.08.2025, the petitioner was directed to join the investigation and was granted interim bail. In pursuance thereof, he has already joined the investigation and has fully SHWETA 2025.09.26 16:12 I attest to the accuracy and integrity of this document CRM-M-43306-2025 (O&M) 2 cooperated with the investigation process. Therefore, the interim bail granted to the petitioner may be made absolute 5. Learned State counsel, on instructions from SI Babu Lal, submits that the petitioner joined the investigation on 18.08.2025. She further submits that recovery of one knife has been effected from the petitioner. However, it is submitted that recovery of one farsa is yet to be effected, as the petitioner did not cooperate with the investigating agency in this regard, and custodial interrogation is therefore sought. 6. I have heard the learned counsels for the parties. 7. Non-recovery of the farsa cannot be construed as an instance of non-cooperation. Since the petitioner has already joined the investigation, and considering the nature of the allegations, this Court is of the considered view that pre-trial incarceration of the petitioner is not required. Accordingly, a case is made out for allowing the petition. 8. Keeping in view the above-mentioned facts and circumstances, and without commenting on the merits of the case, the present petition is allowed. The order dated 11.08.2025, granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (analogous to Section 438(2) of the Code of Criminal Procedure). (MANISHA BATRA) JUDGE 24.09.2025 shweta Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SHWETA 2025.09.26 16:12 I attest to the accuracy and integrity of this document