High Court of Punjab and HaryanaCRM-M/20185/2018allowed

Bir Singh @ Biru v. State Of Haryana

2018-09-12Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.20185 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.20185 of 2018 Decided on: 12.09.2018 Bir Singh @ Biru ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Abhimanyu Singh, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.253 dated 21.04.2018, registered under Sections 120-B, 323, 34, 427, 452, 506 IPC at Police Station Bhiwani Sadar, District Bhiwani. The operative part of the order dated 11.05.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that as per allegation in the FIR, it is alleged by the complainant that she is Ex-Sarpanch of the village and two persons had entered into her house and gave beatings to her son. When she raised hue and cry, neighbours rescued them and intruders threatened to eliminate her and her husband by stating that the petitioner has given money to them for causing the murder of her husband. It is further stated in the FIR that the aforesaid two persons were handed over to the police. Counsel for the petitioner MOHD YAKUB 2018.09.12 16:52 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.20185 of 2018 further submits that the petitioner was not present at the spot and on account of party faction in the village, he has been falsely implicated in this case as presently his daughter-in-law is the Sarpanch of village.

Notice of motion for 12.09.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 11.05.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from HC Ram Gopal, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 11.05.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 12.09.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.09.12 16:52 I attest to the accuracy and authenticity of this document Chandigarh