High Court of Punjab and HaryanaCRM-M/34108/2016allowed

Aakash & ORS v. State Of Haryana

2016-10-19Mr. Justice Harinder Singh Sidhu2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-34108 of 2016 .....

Date of decision:19.10.2016 Aakash and others .....Petitioners v.

State of Haryana .....Respondent ....

Present:

Mr. Brij Mohan, Advocate for Mr. S.S. Sarwara, Advocate for the petitioners.

Mr. Vikramjit Singh, Additional Advocate General, Haryana for the respondent-State.

.....

Inderjit Singh, J.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.270 dated 12.8.2016 registered for the offences under Sections 148, 149, 323, 341, 365, 427 and 506 IPC at Police Station Bilaspur, District Gurgaon.

Notice of motion has been issued in this case. Mr. Vikramjit Singh, learned Additional Advocate General, Haryana has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioners and learned Additional Advocate General, Haryana appearing for the respondent-State and have gone through the record.

From the record, I find that the FIR in the present case has been Harpal Singh Parmar 2016.10.20 17:17 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-34108 of 2016 [2] recorded on the statement of Karan Singh-complainant. As per the allegations, the complainant was given beating and then he was taken away in a car and left at KMP Kharkhari hill. The present petitioners are not named in the FIR. They have already joined the investigation. They are not required for custodial interrogation. Nothing is to be recovered from them. No useful purpose will be served by sending the petitioner to custody. Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 23.9.2016 passed by this Court granting interim bail to the petitioners is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. October 19, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.10.20 17:17 I attest to the accuracy and authenticity of this document Chandigarh