Charat Singh v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: August 13, 2015 Charat Singh .....Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.J.S.Ghumman, Advocate for the applicant-petitioner.

Mr.R.K.Doon, AAG, Haryana.

Mr.R.S.Rai, Sr.Advocate with Mr.Kunal Dawar, Advocate for the informant.

........

1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? Naresh Kumar Sanghi, J.(Oral) CRM-25871-2015 Prayer in this application filed under Section 482, Cr.P.C. is for placing on record Aksh Sajra, Annexure P9; Sanad Taksim along with the report of Halqa Girdawar qua delivery of

-2possession and mutation (colly) Annexure P10; and Roznamcha, dated 03.11.2014, Annexure P11.

After hearing the learned counsel for the applicant and going through the contents of the application, which is duly supported by an affidavit, the above said documents are taken on record subject to all just exceptions.

CRM disposed of.

CRM-M-6917-2015 Prayer in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to the petitioner, Charat Singh, who has been booked for having committed the offences punishable under Sections 147, 427, 447 and 506, IPC, read with Section 149, IPC, in a case arising out of FIR No.30, dated 27.01.2015, registered at Police Station, Bhondsi, District Gurgaon.

At the very outset, learned counsel for the petitioner submits that in compliance of the interim directions issued by this Court on various dates, the petitioner has joined the investigation and cooperated with the Investigating Agency. He further submits that the petitioner shall not take law in his hands for

-3taking possession or dispossessing the informant over the land in dispute. However, he submits that whatever the competent authority will order, he will remain bound by the same. Mr.R.S.Rai, learned senior counsel representing the informant, also submits that the informant would also remain bound by the decisions to be delivered by the competent authority with regard to the land in dispute for taking possession or dispossession.

Learned counsel for the State, on instructions from ASI Surender Singh of Police Station Bhondsi, District Gurgaon, very fairly concedes that the petitioner has joined the investigation and that except Section 506, IPC, all the offences for which the petitioner has been booked are bailable.

In view of the totality of the facts and circumstances of the case, interim directions issued by this Court vide order, dated 02.03.2015, are made absolute. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 438(2), Cr.P.C.

It is made clear the if either of the parties flout the

-4undertaking suffered before this Court, it will be open for the other party to move an application for further orders. August 13, 2015 (NARESH KUMAR SANGHI) meenu JUDGE