Punjab-Haryana High Court
Niyaj Mohd vs State Of Haryana on 11 January, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Crl. Misc. No.M-33317 of 2011 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No.M-33317 of 2011
Date of Decision: 11 - 1 - 2012
Niyaj Mohd. .....Petitioner
v.
State of Haryana .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Jamshed Ahmed, Advocate
for the petitioner.
Mr.Anupam Sharma, AAG, Haryana.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in a case arising out of FIR No.304 dated 13.9.2011 registered at Police Station Tauru, District Mewat under Sections 323, 325, 452, 506, 34 IPC.
On 4.11.2011, a Co-ordinate Bench had passed the following order:-
"Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Akhtar complainant alleging that he was attacked by members of an unlawful assembly on 29.08.2011.
Counsel for the petitioner submits that the FIR has been registeredafter a delay of 15 days and that injuries attributed Crl. Misc. No.M-33317 of 2011 [2] are simple and offence are bailable except for offence under Section 452 & 506 IPC, which have been wrongly added.
Notice of motion for 11.01.2012.
Meanwhile, an interim direction is issued that the petitioner will join the investigation on 19.11.2011. However, in case of petitioner doing so, he shall be released on interim bail to the satisfaction of the arresting officer."
Counsel for the State, on instructions from HC Mohinder Singh, Police Station Tauru states that the petitioner has joined the investigation and is no longer required for custodial interrogation.
For the reasons stated in order dated 4.11.2011 and the statement made by counsel for the State, interim bail granted to the petitioner is affirmed. In the event of arrest, the petitioner shall be released on bail to the satisfaction of Arresting/Investigating Officer till filing of report under Section 173 Cr.P.C. Thereafter, the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. He shall continue to appear before the Investigating Officer as and when called for. He shall abide by the conditions as specified under Section 438 (2) Cr.P.C.
Petition stands disposed of.
( KANWALJIT SINGH AHLUWALIA ) January 11, 2012. JUDGE RC