High Court of Punjab and HaryanaCRM-M/17812/2020allowed

Pushpa v. State Of Haryana

2020-08-11Mr. Justice Arvind Singh Sangwan2 pages

In virtual Court CRM-M-17812-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17812-2020 (O&M) Date of decision: 11.08.2020 Pushpa ... Petitioner Vs.

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. R.S. Hooda, Advocate for the petitioner.

Mr. Sumit Jain, Addl. AG, Haryana.

******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of anticipatory bail in FIR No.398 dated 20.12.2019 under Sections 148, 149, 323, 324, 452, 506 IPC and Sections 325 & 326 IPC (added later on), registered at Police Station Murthal, District Sonepat.

While granting interim bail to the petitioner, following order was passed by this Court on 08.07.2020: - "...Learned counsel for the petitioner submits that as per allegations in the FIR, when the accused party caused injuries to the complainant, the petitioner and her daughter held the complainant side and except that, there is no allegation. It is further submitted that initially, the FIR was registered under VISHNU 2020.08.11 18:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

In virtual Court CRM-M-17812-2020 -2Sections 148, 149, 323, 324, 452, 506 IPC and now after seeking opinion of the doctor, Sections 325 & 326 IPC have been added. It is also submitted that the petitioner was granted the concession of anticipatory bail by the Court of Sessions, at the time when the FIR was registered and now, on addition of Sections 325 & 326 IPC, the police wants to re-arrest the petitioner, though she is a lady aged about 40 years and there is no allegation of causing injury against her, on account of which, Sections 325 & 326 IPC have been invoked..."

Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation.

Learned State counsel, on instructions from SI Virender Singh, has not disputed the factual position and states that the petitioner is no more required for any further investigation.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 08.07.2020 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C. [ ARVIND SINGH SANGWAN ] 11.08.2020 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHNU 2020.08.11 18:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.