Punjab-Haryana High Court
Samood And Another vs State Of Haryana on 30 November, 2022
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-20810-2022 (O&M)
Date of Decision:-30.11.2022
Samood and another ... Petitioners
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Munfaid Khan, Advocate for the petitioners.
Mr. Abhinash Jain, DAG, Haryana,
assisted by ASI Netrapal.
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GURVINDER SINGH GILL, J. (Oral)
1. The petitioners seeks grant of anticipatory bail in respect of a case registered vide FIR No. 335, dated 5.11.2021, Police Station Sadar Tauru, District Nuh, under Sections 147, 148, 149, 323, 325, 341, 307, 506 IPC.
2. At the time of issuance of notice of motion, the following order was passed on 16.05.2022:
"The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered against them vide FIR No. 335, dated 5.11.2021, Police Station Sadar Tauru, District Nuh, under Sections 147, 148, 149, 323, 325, 341, 307, 506 IPC.
It is the case of prosecution that Sajid and Saddik were injured and that while one of the injury sustained by Sajid was declared dangerous to life, one injury sustained by Saddik was declared as grievous injury.PANKAJ KAKKAR 2022.12.01 18:05 I attest to the accuracy and authenticity of this document
(2) CRM-M-20810-2022 (O&M) Learned counsel has submitted that it is infact a case of cross-
version in respect of which FIR No. 339 dated 9.11.2021, Police Station Sadar Tauru, District Nuh, under Sections 148, 149, 323, 506 IPC was registered wherein co-accused Azad Mohd. also sustained injury. It has been submitted that the matter infact has been amicably resolved and that the complainant does not have any objection for grant of anticipatory bail to the petitioners. At this stage Mr. Khalid Tauru, Advocate, has put in appearance on behalf of the complainant and filed vakalatnama on his behalf. The same is taken on record. Learned counsel for the complainant has endorsed the factum of compromise. Notice of motion for 30.11.2022.
Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."
3. The State has filed status report by way of affidavit of Sh. Ashok Kumar, HPS Deputy Superintendent of Police, HQ, Nuh, which is taken on record.
4. Learned State counsel, upon instructions from ASI Netrapal, has informed that it is a case where 5-7 persons of both the sides have sustained injuries. Learned State has counsel has also informed that pursuant to interim directions, the petitioners have since joined investigation and they are not required for any custodial interrogation. It has also been informed that the petitioners are not involved in any other case.
5. Having regard to the aforestated position, wherein the petitioners are stated to have joined investigation and are not required for any custodial interrogation and that they are not involved in any other case and also bearing in mind the PANKAJ KAKKAR 2022.12.01 18:05 I attest to the accuracy and authenticity of this document (3) CRM-M-20810-2022 (O&M) fact that it is a case of cross-versions, the petition is accepted and the interim directions issued by this Court vide order dated 16.05.2022 are hereby made absolute, subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.
30.11.2022 ( Gurvinder Singh Gill )
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
PANKAJ KAKKAR
2022.12.01 18:05
I attest to the accuracy and
authenticity of this document