Chhinder Pal & ORS v. State Of Haryana

CRM-M-7397 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7397 of 2017 Date of Decision: 11.05.2017 Chhinder Pal and others ....Petitioners

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. N.K. Kalia, Advocate for the petitioner.

Ms. Neelam Kashyap, DAG, Haryana.

Mr. P.S. Sekhon, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) Present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to petitioners in case FIR No. 154 dated 18.12.2016 registered for offences punishable under Sections 148, 323, 324, 325, 326, 341, 427, 506 and 307 read with Section 149 of Indian Penal Code (for short 'IPC'), at Police Station Odhan, District Sirsa. (Offences punishable under Sections 325, 326, 341, 427 and 307 IPC were added and Section 452 IPC was deleted later on) Heard.

Learn State counsel on instructions from ASI Gurmeet Singh submits that petitioners have joined the investigation, however, opposes the bail sought by petitioners on the ground they were present at the time of occurrence when injury dangerous to life was caused to Chetan Singh by Karnail Singh non-applicant.

The occurrence had allegedly taken place in the house of Jitender Kumar 2017.05.12 10:27 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-7397 of 2017 -2complainant. Injuries attributed to petitioners are simple in nature which were caused by stick. It has been submitted that offence punishable under Section 452 IPC has already been deleted by the police. Keeping in view above facts but without expressing any opinion on the merits of the case, this petition is allowed and order dated 06.03.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that petitioners shall make themselves available for interrogation by the police as and when required; (ii) that petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that petitioners shall not leave India without the prior permission of the Court.

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

May 11, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.05.12 10:27 I attest to the accuracy and integrity of this document CHANDIGARH