Punjab-Haryana High Court
Tara Chand vs State Of Haryana on 11 April, 2019
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
CRM NO. M- 53233 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM NO. M- 53233 of 2018
DECIDED ON : 11.04.2019
Tara Chand
...Petitioner
versus
State of Haryana
...Respondent
CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present : Mr. Krishan M. Vohra, Advocate,
for the petitioner.
Mr. Vivek Saini, DAG, Haryana.
*****
ANUPINDER SINGH GREWAL, J. (ORAL)
The petitioner is seeking anticipatory bail in FIR No.79 dated 05.03.2017 under Section 148, 149, 307, 323, 427, 506 IPC and Section 25 of Arms Act, 1959, registered at Police Station Pinjore, District Panchkula.
Learned counsel for the petitioner contends that although the petitioner is named in the FIR but he has not been attributed any injury which is ascribed to other co-accused and no overt act has been attributed to him. The petitioner had been granted regular bail by the trial Court but he absented from the proceedings only on one occasion, as he was under the impression that the application for exemption from personal appearance would be allowed. However, his bail was cancelled. The Coordinate Bench of this Court vide order dated 13.12.2018 had directed the petitioner to appear before the trial Court. On 1 of 2 ::: Downloaded on - 12-05-2019 08:06:25 ::: CRM NO. M- 53233 of 2018 2 his doing so, he was to be released on interim bail.
Learned State counsel, on instructions from HC Sandeep, states that although the petitioner has appeared before the trial Court, however, he is required in another case as well.
At this stage, learned counsel for the petitioner contends that another case has been registered after registration of the instant FIR by the same complainant.
Keeping in view the submissions made by learned counsel for the petitioner and the fact that the petitioner is regularly appearing before the trial Court, the order dated 13.12.2018, granting ad-interim bail to the petitioner, is hereby made absolute.
If the petitioner tries to intimidate the complainant or any material witnesses, it shall be open for the State to move an application for cancellation of bail.
The petition stands disposed of accordingly.
(ANUPINDER SINGH GREWAL)
JUDGE
April 11, 2019
rekha sharma
Whether speaking/reasoned : YES/NO
Whether reportable : YES/NO
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