Sunny Kumar v. State Of Haryana And ANR.

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-7.8.2024 Sunny ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pardeep Panwar, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana, assisted by SI Rajesh Kumar.

Mr. S.K. Bishnoi, Advocate for the complainant. ***** FIR No.

Dated Police Station Section/s 28.2.2024 Samalkha, District Panipat 34, 323, 307, 506 of Indian Penal Code and Sections 27 and 30 of Arms Act GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of notice of motion, the following order was passed on 26.4.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.117, dated 28.2.2024 at Police Station Samalkha, District Panipat, under Sections 34, 323, 307, 506 of Indian Penal Code and Sections 27 and 30 of Arms Act. The FIR was lodged at the instance of Krishan Kumar, wherein it is alleged that on 28.2.2024 when he was sitting in his shop, Sunny

( 2 ) (petitioner) came there in a XUV300 vehicle. It is alleged that Sunny was carrying a revolver and started hurling abuses and fired three shots at the complainant. However, the complainant managed to run away from the store and saved his life. Learned counsel for the petitioner submitted that the FIR came to be lodged under some misunderstanding, which has now been resolved and the matter has been amicably settled amongst the parties. It has further been submitted that, in any case, admittedly no one has been injured in the instant case.

Notice of motion for 7.8.2024.

At this stage, Mr. S.K. Bishnoi, Advocate has put in appearance on behalf of the complainant and has filed Vakalatnama, which is taken on record. He also accepts notice on behalf of the complainant.

Learned counsel representing the complainant has endorsed the factum of compromise.

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.

Learned State counsel, upon instructions from SI Rajesh Kumar, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the instant petition is accepted and the interim directions issued by this Court vide order dated 26.4.2024 are hereby made absolute, subject to the condition

( 3 ) that the petitioner 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. 7.8.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No