Harjot Alias Shera v. State Of Haryana

CRM-M-29479-2022

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CRM-M-29479-2022 Date of decision:28.09.2022 Harjot alias Shera ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR.JUSTICE VIKAS BAHL

Present:

Mr. Parminder Singh, Advocate for the petitioner. Mr. Dhruv Sihag, AAG, Haryana.

******* VIKAS BAHL, J. (ORAL) This is a first petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case bearing FIR No.129 dated 10.04.2022 registered under Sections 324 and 506 IPC at Police Station Ram Nagar, Karnal.

On 13.07.2022, a Coordinate Bench of this Court was pleased to pass the following order:- "Prayer is for grant of anticipatory bail in case FIR No.129 dated 10.04.2022 under Section 324,506 IPC registered at P.S Ram Nagar, Karnal.

It is stated that initially the petitioner applied for grant of anticipatory bail before the learned Addl. Sessions Judge, Karnal. He was released on interim bail vide order dated 27.4.2022 (P.2) and directed to join investigation. However, as the petitioner did not join investigation despite being given two opportunities, anticipatory bail of the petitioner was rejected. Learned counsel for the petitioner states that the petitioner could not join investigation due to certain unavoidable circumstances. Now the petitioner has been inflicted injuries by Rashmeet-complainant because of which he remained admitted at Kalpana Chawla Govt Medical College Hospital, Karnal from 20.06.2022 to 03.07.2022. Petitioner is presently in plaster cast which is likely to be ISHWAR SINGH GARHWAL 2022.10.01 12:15 I attest to the accuracy and authenticity of this document

CRM-M-29479-2022 removed within two weeks. He undertakes that the petitioner would join investigation immediately after the plaster cast is removed.

Adjourned to 28.09.2022.

Meanwhile, in the event of arrest, the petitioner shall be released on interim anticipatory bail to the satisfaction of the Arresting/Investigating Officer, subject to the conditions provided under Section 438 (2) Cr.P.C. He is also directed to join the investigation on or before 01.08.2022 and cooperate with the Investigating Agency as and when required. (HARINDER SINGH SIDHU) July 13, 2022 JUDGE"

Learned counsel for the petitioner has submitted that in pursuance of the said order, the petitioner has joined the investigation. Learned State counsel, on instructions from SI Ram Nayyer, has submitted that the petitioner has joined investigation and is not required for further investigation.

Keeping in view the above said facts and circumstances moreso, the facts which have been noticed in the order dated 13.07.2022, and also the fact that the petitioner has joined the investigation and is not required for further investigation, the present petition is allowed and the interim order dated 13.07.2022 is made absolute. Nothing stated above shall be construed as an expression of opinion on the merits of the case and the trial would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition.

(VIKAS BAHL) JUDGE 28.09.2022 ishwar Whether speaking / reasoned Yes/No Whether reportable Yes/No ISHWAR SINGH GARHWAL 2022.10.01 12:15 I attest to the accuracy and authenticity of this document