Umardeen v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 01.8.2022 Umardeen .... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Geeta Rani, Advocate for Mr. Mazlish Khan, Advocate, for the petitioner. Mr. Rahul Mohan, DAG, Haryana, assisted by SI Badri Prasad.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.11 dated 12.1.2022, Police Station Pinangwa, District Nuh (Haryana) under Sections 147, 149, 332, 353, 186, 224, 225, 307 of Indian Penal Code and Sections 25 and 27 of the Arms Act. 2.

At the time of issuance of notice of motion the following order was passed on 21.2.2022:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR

- 2 - No.11 dated 12.1.2022, Police Station Pinangwa, District Nuh (Haryana) under Sections 147, 149, 332, 353, 186, 224, 307 of Indian Penal Code and Sections 25 and 27 of the Arms Act.

Learned counsel for the petitioner submitted that a false FIR has been lodged and that the falsity would be evident from the fact that although two persons are alleged to have fired at the police from firearm but none is injured. It has further been submitted that the petitioner's brother namely Kharlid, who allegedly was got released by the accused, in any case, has already surrendered before the police.

Notice of motion for 1.8.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Learned State counsel, upon instructions from SI Badri Prasad, has informed that though pursuant to interim directions, the petitioner has joined investigation, but is not cooperating inasmuch as he has not got recovered the weapon allegedly used in the occurrence. 4.

Having regard to the aforestated facts and circumstances of the case particularly the fact that none is stated to have been injured and also that the petitioner has joined investigation, the petition is accepted and the interim directions issued by this Court vide order dated

- 3 - 21.2.2022 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 01.8.2022 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No