High Court of Punjab and HaryanaCRM-M/40707/2014disposed of

Jai Singh v. State Of Haryana

2015-01-16Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-40707 of 2014 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-40707 of 2014 (O&M) Date of Decision: 16.1.2015.

Jai Singh .......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Sandeep Sharma, Advocate for the petitioner.

Mr. Rajiv Doon, AAG, Haryana.

Mr. Robin Dutt, Advocate for the complainant.

**** SABINA, J.

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No. 155 dated 8.11.2014 under Section 148, 149, 323, 325, 447, 285, 506 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959, registered at Police Station Buria, District Yamuna Nagar, Haryana.

While issuing notice of motion, following order was passed by this Court on 10.12.2014-:- "Petitioner is seeking anticipatory bail in FIR No.155, dated 08.11.2014 under Sections 148, 149, 323, 325, 447, 285, 506 of IPC 25, 54, 59 of Arms Act, registered at Police Station Buria, District Yamuna Nagar. Learned counsel for the petitioner contends that the only allegation against the petitioner is that he had fired a countrymade pistol and no injury is attributed to him. He further states that the injuries on the 3 injured GURPREET SINGH 2015.01.16 15:58 I attest to the accuracy and authenticity of this document Chandigarh

Crl. Misc. No. M-40707 of 2014 (O&M) -2persons are on non vital parts of the body and simple in nature.

Notice of motion for 16.01.2015.

Mr. Robin Dutt, Advocate put in appearance on behalf of respondent-complainant Ram Kumar. Learned counsel for the complainant states that the petitioners are not entitled to even the concession of interim bail as they tried to interfere in the peaceful and cultivating possession of land of the complainant. I do not agree with this submission of the learned counsel as no injury is attributed to the petitioner.

Therefore, the petitioner shall appear before the Investigating Officer on 23.12.2014 at 10 a.m. and join the investigation. In the event of his arrest, he be admitted to interim bail by the Investigating Officer/Arresting Officer to his satisfaction. He shall, however, abide by all the conditions as envisaged under Section 438(2) Cr.P.C."

Learned State counsel, who is assisted by Assistant Sub Inspector Ramesh Kumar, has submitted that in terms of the above order, petitioner has joined investigation and is not required for further investigation.

Accordingly, interim bail granted by this Court to the petitioner vide order dated 10.12.2014 is made absolute. Petition stands disposed of accordingly.

(SABINA) JUDGE January 16, 2015 Gurpreet GURPREET SINGH 2015.01.16 15:58 I attest to the accuracy and authenticity of this document Chandigarh