High Court of Punjab and HaryanaCRM-M/13998/2022allowed

Randhir Singh And ORS v. State Of Haryana

2022-10-10Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13998-2022 Decided on : 10.10.2022 Randhir Singh and others . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Keerat Dhillon, Advocate for Mr. P.S. Ahluwalia, Advocate for the petitioner(s).

Mr. Vikas Bhardwaj, AAG, Haryana assisted by SI Krishan Kumar.

**** SANJAY VASHISTH , J. (Oral) Prayer in this petition, filed under Section 438 of the Code of Criminal Procedure, 1973, is for grant of anticipatory bail to the petitioners, who have been booked for having committed the offences punishable under Sections 323, 452, 506 and 34 of IPC, in a case arising out of FIR No. 0211, dated 23.03.2022, registered at Police Station Samalkha, District Panipat (Annexure P-1).

Order dated 02.04.2022, says as under:- "Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No. 0211 dated 23.03.2022, registered under Sections 323, 452, 506 and 34 of the IPC at Police Station Samalkha, District Panipat.

Learned counsel for the petitioners submits that except Sections 452 and 506 of the IPC, the other offences are bailable. It is further submitted that petitioner Nos. 2 and 3 and the complainant are the first cousins; they have adjoining shops and on account of vigorous rivalry and sudden provocation, a fight took place between the parties, in which petitioner No. 2 has also suffered injuries. JAWALA RAM 2022.10.10 19:03 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-13998-2022 - 2 - Notice of motion for 18.07.2022.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438

(2) Cr.P.C."

Learned counsel for the petitioners contends that in compliance of the order dated 02.04.2022, passed by the Coordinate Bench of this Court, the petitioners have joined the investigation and fully cooperated with the investigating agency.

Learned counsel for the State on instructions from SI Krishan Kumar, confirms the said averment and submits that the custodial interrogation of the petitioners is not required for the purpose of investigation.

Heard learned counsel for the parties.

Since the petitioners have joined the investigation and their custodial interrogation is not required, the present petition is allowed and the ad-interim order dated 02.04.2022 is made absolute. However, the petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

Petition is disposed of.

(SANJAY VASHISTH) JUDGE October 10, 2022 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.10.10 19:03 I attest to the accuracy and authenticity of this order/judgment.