High Court of Punjab and HaryanaCRM-M/36647/2013disposed of

Satwant Kaur v. State Of Haryana And ANR

2015-03-18Mr Justice Gurdev Singh2 pages

CRM-M-36647-2013 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-36647-2013 Date of decision: 18.3.2015 Satwant Kaur ..... Petitioner

Versus

State of Haryana and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH PRESENT: Mr. Dheeraj Narula, Advocate for the petitioner. Ms. Dimple Jain, AAG Haryana.

Mr. Ajay Kamboj, Advocate for Mr. PS Jammu, Advocate for respondent No. 2.

R.P. NAGRATH, J. (ORAL) Prayer in the instant petition filed under Section 439 (2) Cr.P.C. is for cancellation of anticipatory bail granted to respondent No. 2-Sukhwinder Singh by the learned Additional Sessions Judge, Sirsa vide order dated 8.8.2013 (Annexure P-2) in FIR No. 177 dated 11.7.2013 registered under Sections 323/285/457 of the Indian Penal Code (IPC) (offence under Section 325 IPC was added later on) and offence under Section 25 of the Arms Act at Police Station Rania, District Sirsa. The previous order dated 19.01.2015 is corrected as it is the submission of learned counsel for respondent No. 2 that in fact respondent No. 2 should be a juvenile not the petitioner as date of birth of RISHU KATARIA 2015.03.19 17:01 I attest to the accuracy and authenticity of this document

CRM-M-36647-2013 -2respondent is 13.4.1996. For that purpose, the respondent No. 2 may have his remedy before the Court of Magistrate, where the matter is pending.

Learned State counsel submits that charges were framed on 10.12.2013 and respondent No. 2 is regularly appearing before the trial Court, after he was granted pre-arrest bail by the learned Additional Sessions Judge, Sirsa.

After hearing learned counsel for the parties, I find no ground for cancellation of pre-arrest bail granted to respondent No. 2. Learned counsel for petitioner presently confines his contention only with regard to representation dated 9.10.2013 (Annexure P-3) which the petitioner has already filed before the Superintendent of Police, Sirsa as certain more persons are involved in the occurrence but no further action has been taken, so far.

In view of the above, the instant petition is disposed of with a direction to the Superintendent of Police, Sirsa, to look into the allegations contained in representation dated 9.10.2013 (Annexure P-3) and if warranted, take appropriate steps in accordance with law. March 18, 2015 ( R.P. NAGRATH ) rishu JUDGE RISHU KATARIA 2015.03.19 17:01 I attest to the accuracy and authenticity of this document