High Court of Punjab and HaryanaCRM-M/4996/2015allowed

Naseeb And ANR v. State Of Haryana

2015-04-07Mr Justice Gurdev Singh2 pages

CRM-M-4996 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-4996 of 2015 Date of Decision : 07.04.2015 Naseeb and another .....Petitioners

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Vivek Khatri, Advocate for the petitioners.

Ms. Dimple Jain, AAG, Haryana.

R.P. Nagrath, J. (Oral) Petitioners seek anticipatory bail under Section 438 Cr.P.C. in FIR No. 495 dated 21.07.2014 for offence under Sections 323, 324, 307 and 34 of Indian Penal Code (IPC), registered at Police Station Jhajjar, District Jhajjar.

FIR initially was registered for offence under Sections 323 and 324 read with Section 34 IPC. Petitioners were arrested on 26.07.2014 and granted regular bail by the Magistrate on 28.07.2014. Raj Singh and Rakesh (injured) were initially medicolegally examined in Civil Hospital, Jhajjar from where they were referred to PGIMS, Rohtak and there they were medicolegally examined and ultimately discharged on 27.07.2014. Thereafter on the basis of report of PGIMS, Rohtak, the Medical Officer, Government Hospital, Jhajjar gave opinion on 01.02.2015, declaring one of the injury on the person of Rakesh to be grievous and dangerous to life. That injury on the person of Rakesh was declared dangerous to life on the basis of JITENDER KUMAR 2015.04.07 17:06 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-4996 of 2015 -2discharge card of PGIMS, Rohtak. That injury was attributed to petitioner no. 2.

Learned State counsel on instructions from SI Raghubir Singh submits that in deference to the order dated 13.02.2015, petitioners joined the investigation on 01.04.2015 and no more required for further investigation. It is further submitted that recovery of weapon of offence has already been made. Challan is yet to be presented before the court on completion of investigation. In view of the above, the interim bail granted vide order dated 13.02.2015 is made absolute. Petitioners shall also abide by the conditions contained in Section 438(2) Cr.P.C. Allowed in the above terms.

April 07, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.04.07 17:06 I attest to the accuracy and authenticity of this document Chandigarh