← Library
High Court of Punjab and HaryanaCRM-M/26841/2020allowed

Parkasho v. State Of Haryana

2021-03-31Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-26841-2020 (O&M) Date of Decision:- 31.3.2021 Parkasho ... Petitioner

Versus

State of Haryana ... Respondent (II) CRM-M-29982-2020 (O&M) Ashok ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep Gahlawat, Advocate, for the petitioner(s).

Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Iqbal Singh.

*****

CRM-M- Nos.26841 & 29982 of 2020 (O&M) - 2 - GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Parkasho and Ashok, seek grant of anticipatory bail in a case registered vide FIR No. 81, dated 4.5.2020, Police Station City Narwana, District Jind, under Sections 148, 149, 323, 324, 341 IPC (Section 326 IPC added later on). 2.

At the time of issuance of notice of motion in CRM-M-26841-2020 the following order was passed:

"The learned counsel for the petitioner submits that it is the case where injured was discharged from the hospital on the very first day of her admission and that somehow the FIR was lodged by the complainant after about 4 days after making deliberations. It has further been submitted that the petitioner, even as per FIR, was not armed with any weapon and is attributed slaps and fist blows. Notice of motion for 11.12.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438

(2) Cr.P.C."

3.

At the time of issuance of notice of motion in CRM-M-29982-2020 the following order was passed:

"Learned counsel for the petitioner contends that although the petitioner is named in the FIR but he is not stated to be armed with any weapon and that no specific injury is attributed to him.

Notice of motion for 11.12.2020.

CRM-M- Nos.26841 & 29982 of 2020 (O&M) - 3 - Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

4.

The learned State counsel, upon instructions from ASI Iqabal Singh, has informed that pursuant to interim directions issued by this Court, the petitioner(s) has since joined investigation and that their custodial interrogation is not required. It is further informed that challan stands presented.

5.

Having regard to the nature of offences alleged to have been committed and the fact that challan already stands presented, the detention of the petitioner(s) is not warranted. Both the petitions are hereby accepted and the interim directions issued by this Court vide order dated 9.9.2020 and 28.9.2020 are hereby made absolute subject to the condition that the petitioner(s) shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. March 31, 2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No