High Court of Punjab and HaryanaCRM-M/22551/2017disposed of

Harish v. State Of Haryana

2017-11-29Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22551-2017 Date of decision: 29.11.2017 Harish

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr.K.S. Dhanora, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed for grant of anticipatory bail to the petitioner in case FIR No.476 dated 22.05.2017 under Sections 341, 354(A)(1), 506 of the IPC and later on added Section 365 and 354 of the IPC and Section 12 of the Protection of Children from Sexual Offence Act, 2012, registered at Police Station Hisar Sadar, Hisar, District Hisar. This Court was pleased to pass the following order on 10.07.2017 :- "Mr. Sunil Saharan, Advocate has put in appearance on behalf of the complainant and filed his power of attorney. It is contended that the instant FIR bearing No. 476, dated 22.05.2017, under Sections 341, 354(A)(1) and 506 of the IPC and Section 12 of the POCSO Act is nothing other than the counter blast to the FIR bearing No. 432 dated 12.05.

2017 lodged by the family of the petitioner. It was argued that a reading of the present FIR does not disclose the factum that there is enmity between the parties in which incident the petitioner has suffered injuries. A reading of the FIR would disclose that custodial interrogation is not required. Counsel for the petitioner further submits that the petitioner is ready to join investigation. Notice of motion for 09.10.2017.

Satyawan 2017.11.30 17:06 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-22551-2017 -2Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner 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 respondent-State submits that the petitioner has joined the investigation.

In view of the fact that the petitioner has joined the investigation, the petition is allowed and interim order dated 10.07.2017 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C.

29.11.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.11.30 17:06 I attest to the accuracy and authenticity of this document High Court Chandigarh