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Punjab-Haryana High Court

Ashu Kaushik @ Vishal Kaushik And Ors vs The State Of Haryana on 30 August, 2019

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

212
           IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH

                                              CRM-M-29950-2019 (O&M)
                                              Date of Decision:30.08.2019
Ashu Kaushik @ Vishal Kaushik and others

                                                                  ...Petitioners

                                   Versus

The State of Haryana

                                                                ...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:    Mr.Dhruv Gupta, Advocate for the petitioners.
            Mr.Manish Bansal, DAG, Haryana
            Mr.Santosh Sharma, Advocate for the complainant.


ANIL KSHETARPAL, J.

Petitioners pray for grant of pre arrest bail.

As per case of the prosecution, petitioners demolished two walls of a religious place i.e. Satsang Bhawan with JCB machine, existing for the last 35-40 years. They have also manhandled the staff of temple. Further, they have also demolished the wall of a public park.

On 25.07.2019, keeping in view the facts of the case and on the undertaking by the learned counsel for the petitioners, following order was passed by this Court:-

"Learned counsel for the petitioners, on instructions from Amit Kaushik, brother of petitioner Nos.1 and 2, undertakes that the petitioners are ready to reconstruct the demolished walls of religious place i.e. satsang ghar as well as municipal park within a period of one month.
On the aforesaid undertaking, the arrest of the petitioners shall remain stayed. The petitioners are directed to join investigation as and when called upon by the Investigating Officer. However, if the undertaking given is not complied 1 of 2 ::: Downloaded on - 28-10-2019 14:12:48 ::: CRM-M-29950-2019 (O&M) -2- with, interim protection granted shall stands automatically vacated.
Adjourned to 30.08.2019."

Learned counsel for the State, on instructions from Naresh Kumar, ASI as well as first informant, have jointly informed that the petitioners have not complied with the undertaking.

Keeping in view the conduct of the petitioners, the present petition is dismissed.





30.08.2019                                     (ANIL KSHETARPAL)
mks                                                  JUDGE

                   Whether speaking/reasoned:        Yes/No

                   Whether Reportable:               Yes/No




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