Satish Mehla v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:19.08.2021 Satish Mehla ......Petitioner Vs State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:None for the petitioner.

Mr. Rajat Gautam, DAG, Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.03 dated 03.01.2020 registered under Sections 323, 341, 452, 506 and 34 IPC, at Police Station Model Town, Panipat (Haryana). On 22.01.2020 following order was passed:

"Learned counsel for the petitioner contends that timings of FIR No.1 dated 04.01.2020 registered under Sections 376/506/511 IPC at Police Station Women Police Station, Panipat and FIR No.3 dated 03.01.2020 registered under Sections 323/34/341/452/505 IPC at Police Station Model Town, Panipat are overlapping. The complainant was initially treated in Government Hospital and thereafter he got himself admitted in Galaxy Hospital, where CT scan and X-ray were conducted. Even the complainant was opined to be not medically fit for making statement, when the Police visited the Hospital.

Notice of motion for 30.03.2020.

In the meanwhile, petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 27.01.2020 at 11.00 a.m. and in the event of his arrest, he shall be enlarged on ad interim bail, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Police is also directed to collect relevant medical records of the complainant from the Galaxy Hospital including CT scan, X-report and opinion given by the Doctor in respect of fitness of the complainant to make statement." In compliance of the aforesaid order, State has filed affidavit of Virender Singh, HPS, Deputy Superintendent of Police, City, Panipat on behalf of the respondent. According to the aforesaid FIR, complainant Krishan Sharma was present in his office at about 8:00 pm. The petitioner made entry in his office and inflicted injuries to him. FIR in question was registered at the instance of Krishan Sharma. Petitioner has joined the investigation on 07.01.2020 and thereafter, the petitioner suffered a disclosure statement admitting the manner in which the injuries have been inflicted upon Krishan Sharma.

Even he got recovered danda and vehicle with the original RC. After formal arrest of the petitioner he has been released on bail in compliance of the order dated 22.01.2020 passed by this Court. Police has already filed the challan and in this manner custody of the petitioner is not required by the Police. As per affidavit filed by Virender Singh, HPS, Deputy Superintendent of Police, City, Panipat on behalf of the respondent, the interim order dated 22.01.2020 is made absolute.

as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.

(RAJ MOHAN SINGH) 19.08.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No