Krishan @ Lala v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 2.3.2021 Krishan @ Lala ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Munish Kumar Garg, Advocate, for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Mohd. Zahid.

Mr. Abhimanyu Singh, Advocate for the complainant. (Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No. 93, dated 14.3.2020, Police Station Bilaspur, District Gurugram, under Sections 323, 325, 506, 34 IPC (Section 307 IPC added later on). 2.

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

- 2 - " The learned counsel for the petitioner submits that as per the FIR while the co-accused Dheeraj, who was armed with an 'iron rod', gave blows to the complainant on his head, the petitioner is alleged to have given blows with 'sticks' on the back of the complainant. It has been submitted that the MLR, however, falsifies the aforesaid allegations as regards the petitioner inasmuch as no injury was found on the back of the complainant.

Notice of motion for 2.9.2020.

At this stage, Shri Deepak Sabherwal, Additional Advocate General, Haryana to whom an advance copy of the petition has been served, acceptsnotice on behalf of the State.

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 the 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."

3.

The learned State counsel, upon instructions from ASI Mohd. Zahid, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and is not wanted in any other case and that he is not required for any custodial interrogation. 4.

In view of the aforesaid position, the petition is accepted and the interim directions issued by this Court vide order dated 27.5.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate

- 3 - with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

March 2, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No