Punjab-Haryana High Court
Amar Lal And Others vs State Of Haryana on 19 July, 2019
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
CRM-M-23121 of 2019 1
214
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-23121 of 2019
Date of decision: July 19, 2019
Amar Lal and others
.....Petitioners
Versus
State of Haryana
.....Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present: Mr. Gautam Dutt, Advocate for the petitioners.
Mr. Arun Beniwal, DAG Haryana.
*****
MAHABIR SINGH SINDHU, J (Oral)
Present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of anticipatory bail to the petitioners, in FIR No.158 dated 21.04.2019, under Sections 148, 149, 285, 323, 325, 379-B, 452, 506 of Indian Penal Code, 1860 (for short 'IPC') and Sections 25, 54, 59 of Arms Act, 1959 (for short 'Arms Act') (Sections 452, 379-B, 285 IPC and Sections 25, 54, 59 of Arms Act deleted later on), registered at Police Station Sector 31, Faridabad, District Faridabad.
As per prosecution case, petitioners along with co-accused caused simple as well as grievous injuries to Arvind and Sunder Singh.
On 20.05.2019, while issuing notice of motion, this Court has passed the following order:-
"Contends that only allegation against the petitioners is for the offence punishable under Section 506, IPC, which is non-bailable and the main allegations are against co-
1 of 2 ::: Downloaded on - 26-08-2019 04:07:07 ::: CRM-M-23121 of 2019 2 accused, namely, Anup, Kanhiya and Jagbir.
Notice of motion for 19.07.2019.
In the meanwhile, the petitioners are directed to join the investigation before the Investigating Officer. In the event of their arrest, the Arresting Officer would admit them to interim bail in the present case till the next date of hearing on their furnishing adequate bail and surety bonds to his satisfaction. The petitioners are also directed to abide by all the conditions as envisaged under Section 438(2) Cr.P.C."
Learned State counsel, on instructions from Assistant Sub Inspector Jasbir Singh, has submitted that petitioners have joined investigation in terms of order dated 20.05.2019 and their custodial interrogation is not required.
In view of the above, order dated 20.05.2019 granting interim bail to the petitioners, is made absolute, subject to the provisions of Section 438(2) Cr. P.C. Petition stands disposed off, accordingly. However, it is made clear that the petitioners shall fully co- operate with the Investigating Officer as and when called for further investigation.
The above observations may not be construed as an expression of opinion on the merits of the case.
(MAHABIR SINGH SINDHU) JUDGE July 19, 2019 mahavir Whether speaking/ reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 26-08-2019 04:07:08 :::