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Dinesh Kumar Alias Jassu vs State Of Haryana on 27 October, 2014

Bench: J. Chelameswar, Pinaki Chandra Ghose

         ITEM NO.45                          COURT NO.8                 SECTION IIB

                                   S U P R E M E C O U R T O F       I N D I A
                                           RECORD OF PROCEEDINGS

         Petition(s) for Special Leave to Appeal (Crl.)               No(s).     4962/2014

         (Arising out of impugned final judgment and order dated 19/06/2014
         in CRM No. 20470/2014 passed by the High Court Of Punjab & Haryana
         At Chandigarh)

         DINESH KUMAR ALIAS JASSU                                        Petitioner(s)

                                                    VERSUS

         STATE OF HARYANA                                                Respondent(s)

         (with appln. (s) for anticipatory bail and office report)

         Date : 27/10/2014 This petition was called on for hearing today.

         CORAM :
                             HON'BLE MR. JUSTICE J. CHELAMESWAR
                             HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE

         For Petitioner(s)              Ms. Neelam Singh, Adv.
                                        Dr. Sushil Balwada,Adv.

         For Respondent(s)              Mr. Vikas Sharma, Adv.
                                        Mr. Kamal Mohan Gupta,Adv.

                              UPON hearing the counsel the Court made the following
                                                  O R D E R

Aggrieved by an order dated 19.6.2014 passed by the High Court of Punjab and Haryana in CRM No. M-20470 of 2014 by which the High Court declined to grant anticipatory bail to the petitioner herein, the instant special leave petition is filed.

The petitioner is an accused in FIR No. 148 of 2014 under Sections 452, 354, 376 and 506 IPC registered in the Police Station, Sadar Gohana, Sonepat District.

It appears from the impugned order that the case was initially registered under Sections 452 and 354 IPC only. The petitioner was arrested and subsequently granted bail.

The final report was also filed and the case was listed Deepak Mansukhani Date: 2014.10.27 17:28:31 IST for trial on 27.8.2014.

However, on 5.5.2014, the prosecutrix moved an application making an allegation of rape against the petitioner. On 7.5.2014, the trial Court directed a further investigation on the basis of above-mentioned  -2- application. Subsequently, supplementary charge-sheet was filed adding charges of Sections 376 and 506 IPC to the charges already framed. At that stage, the petitioner filed an application for anticipatory bail for the above-mentioned newly added offence which was dismissed by the learned Additional Sessions Judge, Sonepat, Haryana, by an order dated 7.6.2014.

Aggrieved by the same, the petitioner approached the High Court unsuccessfully. Hence the special leave petition.

In the background of the facts narrated above, more particularly in view of the fact that the allegation of rape is made some five days after the registration of the FIR, and in view of the fact that the matter is already set up for trial, we deem it appropriate to allow the petitioner for anticipatory bail subject to the conditions that the petitioner must be present before the trial Court on all the days the case is listed for trial and also report to the Sadar Gohana Police Station weekly once, i.e. on Saturday, during the pendency of the trial.

The petitioner be released on interim bail to the satisfaction of learned Additional Sessions Judge, Sonepat, Haryana.

The special leave petition is disposed of accordingly.

(DEEPAK MANSUKHANI)                      (INDU BALA KAPUR)
 COURT MASTER                             COURT MASTER