Punjab-Haryana High Court
Kanawarpal @ Karampal And Another vs State Of Haryana on 7 December, 2010
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M 33679 of 2010
Date of decision: 7.12.2010
Kanawarpal @ Karampal and another
...Petitioners
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.NS Dhillon, Advocate for the petitioners
Mr.PM Anand, Addl.AG, Haryana
***
Ram Chand Gupta, J.(Oral)
The present petition has been filed by petitioners Kanawarpal @ Karampal and Munish @ Buta Singh under Section 438 of Code of Criminal Procedure seeking anticipatory bail in case FIR No.179 dated 13.8.2010 registered under Sections 323, 324, 506, 34 IPC (Section 326 IPC added later on) at Police Station K.U.K., District Kurukshetra.
I have heard learned counsel for the parties and have gone through the whole record.
This Court while issuing notice of motion on 17.11.2010 passed the following order:-
"Contends that petitioners have been falsely implicated in this case and that only fist blows have been attributed to them, whereas the main accused is Ravinder, to whom the main injury with sword is attributed. Further contends that petitioners were not armed with any weapon.
Notice of motion for 7.12.2010.CRM No.M 33679 of 2010 -2-
However, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C."
It has been stated by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 17.11.2010.
It has also been stated by learned counsel for the State that the petitioners have joined the investigation and that they are no more required for any custodial interrogation.
There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail petition filed on behalf of petitioners Kanawarpal @ Karampal and Munish @ Buta Singh is accepted and order dated 17.11.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.
December 7, 2010 (RAM CHAND GUPTA) gsv JUDGE