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High Court of Punjab and HaryanaCRM-M/21327/2021allowed

Mosam And Others v. State Of Haryana

2021-09-23Mr. Justice Gurvinder Singh Gill2 pages

CRM-M-21327-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21327-2021 (O&M) Date of Decision: 23.09.2021 Mosam and others

...Petitioners

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. B.S. Tewatia, Advocate, for the petitioners. Ms. Sheenu Sura, DAG, Haryana assisted by ASI Kailash Chand.

Mr. Ashok Kaushik, Advocate, for the complainant. (proceedings conducted through video conferencing) GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered against them vide FIR No.92 dated 02.03.2021 at Police Station Sadar Nuh, District Nuh, under Sections 148/149/323/452/506 IPC (later on added 325/307 IPC).

2.

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

"Learned counsel for the petitioners contends that the FIR came to be lodged under some misunderstanding which has now been resolved and in fact the complainant/injured Hamid has no objection in case the petitioners are granted anticipatory bail. Learned counsel in this regard has referred VANDANA YADAV 2021.09.24 10:20 I attest to the accuracy and integrity of this document

CRM-M-21327-2021 to para No.6 of the order passed by the learned trial Court wherein the factum of 'no objection' expressed by the complainant has been recorded.

Notice of motion for 23.9.2021.

xxx xxx xxx"

3.

Mr. Ashok Kumar, learned counsel representing the complainant, has joined Video Conferencing and has endorsed the factum of compromise.

4.

Learned State counsel upon instructions has informed that pursuant to interim directions issued by this Court, the petitioners have since joined investigation and are not involved in any other case. 5.

Having regard to the fact that the parties are stated to have amicably resolved their issues and also that the petitioners have joined investigation, their custodial interrogation is not warranted. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 28.05.2021 are hereby made absolute subject to the condition that the petitioners shall join 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.

23.09.2021 (GURVINDER SINGH GILL) VY JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VANDANA YADAV 2021.09.24 10:20 I attest to the accuracy and integrity of this document