Punjab-Haryana High Court
Sunder Lal vs State Of Haryana on 28 July, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CRM No. M-40276 of 2013 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM No. M-40276 of 2013 (O&M)
Date of Decision : 28.07.2014.
Sunder Lal ...Petitioner
Versus
State of Haryana ...Respondent
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. Rakesh Dhiman, Advocate for the petitioner.
Mr. Vikas Malik, Assistant Advocate General, Haryana.
Mr. Ajay Chhikara, Advocate for
Mr. Sunil Panwar, Advocate for the complainant.
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Tejinder Singh Dhindsa, J. (Oral)
This order shall dispose of the instant petition preferred under Section 438 Cr.P.C. seeking the concession of anticipatory bail to the petitioner in case FIR No. 352 dated 22.9.2013, under Sections 306, 406, 34 IPC (Sections 304 and 386 IPC added by deleting Sections 306, 506 IPC), registered at Police Station Tauru, District Mewat.
On 17.12.2013, the following order was passed by this Court :-
"The petitioner is seeking grant of anticipatory bail in FIR No. 352 dated 22.09.2013 registered under Sections 306, 406 and 34 of IPC (now added Sections 304 & 386 IPC by deleting Sections 306 and 406 IPC at Police Station Tauru, District Mewat.
As per the allegations made in the FIR the deceased Daya Chand Goyal was facing trial in a criminal complaint filed by wife of the petitioner that the deceased had molested her. During pendency of the trial a panchayat has been convened and scuffle took place in Panchayat. The Kanchan petitioner gave fist blow on the chest of Daya Chand Goyal.2014.07.28 16:19 I attest to the accuracy and integrity of this document Chandigarh
CRM No. M-40276 of 2013 (O&M) 2 He fell down and thereafter he was taken to the life care hospital and Doctor advised to take him to big hospital and enroot he died. As per the post mortem report Annexure P- 7 the deceased died due to heart attack but final information on the cause of death will be determined after receiving chemical analysis and serological report.
Since nothing is to be recovered from the petitioner and keeping in view that the scuffle took place since the deceased facing trial in a criminal case and there was on going enmity between the parties, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer, subject to the condition that he shall join investigation as and when required by the Police and shall also comply with other conditions specified in Section 438(2) of the Code of Criminal Procedure.
Adjourned to 10.01.2014."
Learned State counsel upon instructions from ASI Ramesh Chand would apprise the Court that the petitioner had duly joined investigation and after completion of the same, even the challan had been duly presented on 10.03.2014. Even otherwise, the factual matrix noticed in the order dated 17.12.2013 passed by this Court has not been rebutted by the counsel appearing for the complainant.
The petitioner having joined investigation and the challan also has already been presented, this Court is of the considered view that custodial interrogation of the petitioner would not be warranted.
Accordingly, the present petition is allowed and the order dated 17.12.2013 passed by this Court is made absolute.
Petition disposed of.
July 28, 2014. (TEJINDER SINGH DHINDSA)
kanchan JUDGE
Kanchan
2014.07.28 16:19
I attest to the accuracy and
integrity of this document
Chandigarh