Pirthi And ORS v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-29772-2021 Decided on : 03.08.2021 Pirthi and others . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. D.S. Matya, Advocate for the petitioner(s).

Ms. Tanushree Gupta, DAG, Haryana assisted by SI Hari Singh.

Mr. Gursimranjit Singh, Advocate for the complainant.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of bail to the petitioners in case FIR No. 99, dated 05.05.2021, under Sections 147, 148, 149, 323, 354-B, 395, 452 and 506 of IPC, registered at Police Station Sohna, District Gurugram. Learned counsel for the petitioners submits that a perusal of the FIR in question clearly reveals that only an injury with a danda has been attributed to the petitioners, which was opined to be simple in nature. Learned counsel further submits that the parties are closely related and both sides received injuries in the occurrence. Further submits that subsequent to the registration of the FIR, with the intervention of respectables, the matter has been amicably settled between the parties and thereafter, a petition (i.e. CRM-M-30324-2021) has been filed before this Court under Section 482 Cr.P.C. seeking quashing of the FIR in question on the basis of compromise. JAWALA RAM 2021.08.04 13:38 I attest to the accuracy and integrity of this document

CRM-M-29772-2021 - 2 - Learned counsel for the petitioner thus seeks concession of bail, as the petitioner has been in custody since 20th May, 2021. Learned counsel appearing on behalf of the complainant has also authenticated the submissions made by learned counsel for the petitioners that the parties are closely related and they have amicably resolved the dispute between themselves.

Per contra, learned State counsel on instructions from SI Hari Singh, has apprised the Court that the investigation in the matter is still underway. She has, however, expressed ignorance about the compromise arrived at between the parties, but has conceded that only simply injury has been attributed to the petitioners.

Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that petitioners have been in custody since 20th May, 2021, I deem it a fit case for grant of the concession of regular bail to the petitioners, as the trial is unlikely to conclude in the near future. The petition as such is allowed and the petitioners are admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE August 03, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.08.04 13:38 I attest to the accuracy and integrity of this document