High Court of Punjab and HaryanaCRM-M/38748/2015disposed of

Chhotia Ram And ORS v. State Of Haryana And ANR

2015-12-15Mr Justice Rakesh Kumar Jain3 pages

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 15.12.2015 Chhotia Ram and others

...Petitioners

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Krishan Singh, Advocate, for the petitioners.

Ms. Mahima, AAG, Haryana.

Mr. Avnish Mittal, Advocate, for respondent No.2.

***** SABINA, J Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in criminal complaint case No.223, dated 05.08.2011, under Sections 148, 149, 323, 325, 452 and 506 of Indian Penal Code, 1860, registered at Police Station Sadar Yamuna Nagar.

While issuing notice of motion, following order was passed by this Court on 10.11.2015:- "Counsel for the petitioners submits that the

[2] petitioners were never summoned under Section 307 IPC in the complaint case filed by respondents No.2 by the Judicial Magistrate 1st Class, Yamuna Nagar on 16.07.2015 (Annexure P-2). On a revision filed, the Sessions Judge, Yamuna Nagar set aside the order regarding the non-summoning and directed the petitioners to appear before the trial Court on 31.10.2015. The anticipatory bail has been, thereafter, dismissed on 06.11.2015 on account of the nature of injuries suffered by respondent No.2. Counsel for the petitioners further submits that, thereafter, non-bailable warrants issued by the trial Court.

It is submitted that there is no investigation to be done and the custodial presence of the petitioners is not required and they shall put in appearance before the trial Court and submit their bail-bonds.

Notice of motion for 15.12.2015.

In the meantime, the petitioners shall put in appearance before the trial Court on 26.11.2015 and submit their bail-bonds. On doing so, they shall not be taken into custody.

In the meantime, the non-bailable warrants issued shall remain suspended, subject to putting in appearance on 26.11.2015."

Learned counsel for the petitioners has submitted that in terms of the above order, petitioners have surrendered before the trial Court and has furnished interim bail on 26.11.2015.

[3] Accordingly, interim bail furnished by the petitioners before the trial Court in pursuance to the order dated 10.11.2015, is made absolute.

Petition stands disposed of accordingly.

December 15, 2015 (SABINA) kapil JUDGE