High Court of Punjab and HaryanaCRM-M/25142/2019allowed

Gurcharan Singh And ORS v. State Of Haryana

2019-07-02Mr. Justice Surinder Gupta2 pages

CRM-M-25142-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-25142 of 2019 (O&M) Date of Decision: July 02, 2019 Gurcharan Singh and others ......PETITIONER(s).

VERSUS

State of Haryana ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sartaj Singh Toor, Advocate for the petitioner (s).

Mr. Munish Sharma, AAG Haryana Mr. Aditya Sanghi, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.104 dated 09.05.2019 registered for the offences punishable under Sections 148, 149, 323, 324, 506 of Indian Penal Code, at Police Station Sadar Sirsa.

Heard.

Learned State counsel submits that the occurrence took place on 08.05.2019 in which four persons namely Parvinder Singh, Lakhwinder Singh, Nimral Singh and Dalbir Singh were caused injuries by the petitioners.

Learned counsel for the petitioners submits that the occurrence SACHIN MEHTA 2019.07.02 15:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-25142-2019 -2took place in the fields over the dispute of the boundary. The demarcation had earlier taken place in which 8 feet area of complainant party was found in possession of petitioners. The petitioners sought time to get the land redemarcated. It is a case of cross-version. The offences registered against the petitioners are under Sections 148, 149, 323, 324, 506 and 325 of Indian Penal Code. One sharp weapon injury was found on the person of Dalbir Singh, which was declared simple. Challan has not been filed so far. Investigation is still pending. The accused in the cross-version have already been allowed the benefit of anticipatory bail. Keeping in view the above facts but without expressing any opinion on the merits of the case, this petition is allowed.

Petitioners Gurcharan Singh, Sukhbir Singh, Jaswant Singh, Bakshish Singh, Gursewak Singh and Avtar Singh are directed to surrender before the police and join investigation within two weeks. In the event of their arrest being required, they shall be released on anticipatory bail, subject to their furnishing bonds to the satisfaction of Arresting Officer. However, they shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. failing which they shall lose the benefit of bail allowed to them. It is, however, made clear that in the event of petitioners not surrendering before the Investigating Officer within two weeks, the order allowing bail to them shall stand withdrawn automatically. ( SURINDER GUPTA ) July 02, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No SACHIN MEHTA 2019.07.02 15:04 I attest to the accuracy and authenticity of this document High Court, Chandigarh Whether Reportable:

Yes/No