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High Court of Punjab and HaryanaCRM-M/642/2020allowed

Vinod Vohra v. State Of Haryana

2021-08-04Mr. Justice Suvir Sehgal2 pages

CRM-M-642 of 2020 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-642 of 2020 Date of decision:04.08.2021 Vinod Vohra ... Petitioner Vs.

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Anuj Balian, Advocate, for the petitioner. Mr. Gurmeet Singh, AAG, Haryana.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.551 dated 01.12.2019 registered under Sections 186, 332, 353, 34 of Indian Penal Code, 1860 at Police Station Sector-5, Panchkula.

Counsel for the petitioner submits that Rajnish, who is the wife of his son Vinay, had called the police helpline, as there was a minor altercation between the couple. He submits that the petitioner has been named in the FIR lodged by the Constable, who came on the call, as he is accused of having joined his son in the scuffle which allegedly took place between the Constable and his son. He urges that the offence under Section 186 of IPC, is not made out as there was no attempt on the part of the petitioner to obstruct the official in the discharge of duty. He submits that SAVITA KADIAN 2021.08.04 16:41 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-642 of 2020 {2} vide order dated 15.01.2020, this Court granted the interim protection to the petitioner and in compliance of the order passed, he has joined the investigation.

Learned State counsel, upon instructions from SI Malkeet Singh admits the factum of joining the investigation by the petitioner. He has instructions to state that the petitioner is no longer required for custodial interrogation, he is not involved in any other criminal case and the challan stands presented before the trial Court.

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 15.01.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE August 04, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2021.08.04 16:41 I attest to the accuracy and integrity of this document High Court Chandigarh