High Court of Punjab and HaryanaCRM-M/41839/2017allowed

Mohammad Osama v. State Of Haryana

2018-05-21Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-41839-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-41839 of 2017 (O&M) Date of Decision: May 21, 2018 Mohammad Osama ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sanjeev Kumar Bawa, Advocate for the petitioner (s).

Mr. Deepak Grewal, D.A.G. Haryana.

Mr. Rahul Makkar, Advocate for Mr. Mazlish Khan, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.225 dated 13.04.2017 registered for the offences punishable under Sections 323, 324, 341, 506 of Indian Penal Code (for short-IPC) and Section 326 IPC added later on, at Police Station Nuh District Mewat. Heard.

Learned State counsel submits that injury on the head of complainant caused with farsa was declared as grievous. After the occurrence, the complainant was admitted in Government Medical College, Nuh but after CT scan of the injury, he left the hospital and police has no Sachin Mehta 2018.05.22 15:36 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-41839-2017 -2evidence as to from where he got his injury treated. As per order dated 08.11.2017, petitioner has joined the investigation, which is still in progress. Head injury on the person of complainant is alleged to be grievous injury but the police has not been able to find as to from where the complainant got treatment after leaving GMC, Nuh on the day of incident. Keeping in view the above facts and that petitioner had earlier joined the investigation and was released on police bail, conclusion of investigation and trial will take long time but without expressing any opinion on the merits of the case, this petition is allowed and order dated 08.11.

(iii) that the petitioner shall not leave India without the prior permission of the Court;

(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

( SURINDER GUPTA ) May 21, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2018.05.22 15:36 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH