High Court of Punjab and HaryanaCRM-M/20785/2020allowed

Gurdev Singh And ANR v. State Of Haryana

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

In virtual Court CRM-M-20785-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20785-2020 (O&M) Date of decision: 11.08.2020 Gurdev Singh and another ... Petitioners Vs.

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

Present:

Mr. Inderjeet Singh, Advocate for the petitioners. ******* ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of anticipatory bail in FIR No.146 dated 28.06.2020 under Sections 323, 452, 506 read with Section 34 IPC and Section 325 IPC (added later on), registered at Police Station Chhachhrauli, District Yamuna Nagar.

Learned counsel for the petitioners submits that as per allegations in the FIR, the petitioners, who are husband and wife, have caused injuries to Beby wife of brother of petitioner No.1. It is further submitted that there is a dispute with regard to partition of property, which is in possession of two brothers and father of petitioner No.1 is residing with the complainant. It is also submitted that except offence under Section 452 IPC, all other offences are bailable and as per MLR, no grievous injury is caused. Learned counsel for the petitioners has further submitted that the petitioners, without prejudice to their right of defence, are ready to hand over a 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-20785-2020 -2demand draft of Rs.20,000/- to victim Beby towards the medical expenses because she has suffered a fracture on her right shoulder. It is also submitted that it is a family dispute and the petitioners have two minor children and there is nobody in the family to take care of them. Notice of motion.

On asking of the Court, Mr. Kuldeep Tiwari, Addl. AG, Haryana accepts notice on behalf of the respondent-State. He has placed on record the MLR as well as X-ray report, which reflect that victim Beby has suffered two injuries on right shoulder and on the right eye. After hearing learned counsel for the parties, without commenting anything on merits of the case and considering the fact that except offence under Section 452 IPC, all other offences are bailable and the petitioners, without prejudice to their right of defence, are ready to hand over a demand draft of Rs.20,000/- to victim Beby, this petition is allowed and the petitioners are granted anticipatory bail subject to the conditions envisaged under Section 438 (2) Cr.P.C.

This will, however, be subject to the condition that the petitioners will hand over a demand draft of Rs.20,000/- favouring victim Beby to the Investigating Officer within a period of one month from today, who will further hand over the same to the victim.

[ 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.