Suresh And ANR v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: March 31, 2021 Suresh and another ......Petitioners Vs State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Preetinder Singh Ahluwalia, Advocate for the petitioners.

Mr. Anant Kataria, DAG., Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video conferencing.

Petitioners seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.358 dated 31.07.2020 registered under Sections 346, 306, 34 IPC at Police Station Sadar Sonipat, District Sonipat.

On 18.08.2020, following order was passed by this Court:-




            



       

  

   

!"#  "$!%&!%%

  "'( "%( "'



)  
    * !

+  

     ,     

      "$!%&!%%  

-    

.  * /      

  



  

 

  -,      !

.  

 - 

  "'(

)!

0 %"!%#!%% 1       $$!%#!%% 

  . * 

 

3     

    - !

+    ,      

  %"!%&!%% 1.4 
'3 - 

-   



  

  

     !

 

!

0 , 

  )  5!

6  *. 7     



   

  !

+

        

  

-

      !

) 

              6   !

7       

)08 *     

        -         !

9   

    

    -          

    

      )           6         



!

+  $"!$%!%%!

5-      

          6   

             

  ./ 

!

7-      6      -  

      -

  ./ 

          

  '"#13 )
)!

 

 

  :

Learned counsel for the petitioners submitted that in compliance of the aforesaid order, the petitioners have joined the investigation.

Learned State counsel admitted the aforesaid fact. However, learned State counsel submits that FSL report is still awaited.

Learned counsel for the petitioners submits that the FSL report has nothing to do with the present case as initially the case was registered for the offence under Section 346 IPC. The FIR was lodged by Asha Devi d/o Naresh with the allegations that her father-Naresh had gone for a walk, but thereafter he did not return. On 3.8.2020, information regarding suicide of Naresh was received. There was an affidavit dated 3.7.2020 given by Naresh himself admitting the fault of his son in committing theft.

According to learned counsel for the petitioners, ingredients of offence under section 306 IPC are missing altogether. It is not in dispute that the petitioners have joined the investigation.

In view of aforesaid factual position, the interim order dated 18.8.2020 is made absolute. Petitioners shall keep on joining the investigation as and when required to do so and they shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. Petition stands disposed of.

(RAJ MOHAN SINGH) March 31, 2021 JUDGE archana Whether speaking/reasoned Yes/No Whether reportable Yes/No