High Court of Punjab and HaryanaCRM-M/3007/2019allowed

Rajbir And ANR v. State Of Haryana And Others

2019-03-08Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.3007 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.3007 of 2019 Decided on: 08.03.2019 Rajbir and another ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Priyavrat Parashar, Advocate for the petitioners.

Mr. Naveen Sheoran, DAG, Haryana.

Mr. M.S. Chahal, Advocate for respondents No.2 to 5.

ARVIND SINGH SANGWAN, J. (Oral) The petitioners pray for grant of anticipatory bail in FIR No.0245 dated 30.12.2018, registered under Sections 323, 34, 379, 506 of the Indian Penal Code, 1860 and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Behal, District Bhiwani.

The operative part of the order dated 23.01.2019, vide which interim anticipatory bail has been granted to the petitioners, is reproduced as under:- "....Learned counsel for the petitioners, inter alia, contends that primarily there is a dispute between the petitioners and respondents No.4 & 5 regarding setting up of poultry farms against order of the State Govt. and in that regard, petitioners have already filed civil suit, in MOHD YAKUB 2019.03.08 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.3007 of 2019 which status quo regarding construction of poultry farms had been ordered and inhabitants of the village have already filed CWP No.37794 of 2018 before this Court, which was disposed of vide order dated 20.12.2018 with a direction to dispose of the representation filed by the petitioners regarding redressal of their grievance of setting up of poultry farms at the instance of respondents No.3 & 4. The impunged FIR has been registered as a counter-blast by putting up respondent No.2 as an employee of respondents No.3 & 4 and in fact, no such incident has occurred.

Notice of motion for 08.03.2019....."

Counsel for the petitioners has submitted that, in pursuance to the order dated 23.01.2019, the petitioners has appeared before the Investigating Officer and have joined the investigation. Counsel for the State, on instructions from SI Narinder Singh, has not disputed the aforesaid fact and submits that the petitioners have joined the investigation and the police has prepared a cancellation report, which will be submitted in due course. In view of the above, this petition is allowed and the interim bail granted to the petitioners vide order dated 23.01.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 08.03.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.03.08 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh