Jai Narain v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 21.08.2023 Jai Naraian ... Petitioner(s)

Versus

State of Haryana ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sunil Chaudhary, Advocate for the petitioner. Ms. Mahima Yashpal, DAG Haryana.

ALKA SARIN, J. (ORAL) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.192 dated 16.04.2022 registered under Sections 307, 315, 498A, 201, 308, 323, 342, 316, 506, 325, 34 of Indian Penal Code, 1860 (Sections 307, 315 IPC deleted later on and Sections 316, 201, 308, 325 IPC added later on) at Police Station Tosham, District Bhiwani, Haryana, who has been summoned on an application filed under Section 319 CrPC to face trial along with co-accused.

2.

On 22.06.2023 the following order was passed : "Prayer in the present petition is for grant of pre-arrest bail to the petitioner in case FIR No. 192 dated 16.4.2022 registered under Sections 307, 315, 498A,

-2201, 308, 323, 342, 316, 506, 325, 34 IPC (Sections 307, 315 IPC deleted later on and Sections 316, 201, 308, 325 IPC added later on) at Police Station Tosham, District Bhiwani, Haryana.

Learned counsel for the petitioner has contended that the petitioner has been summoned under Section 319 Cr.P.C. to face the trial alongwith co-accused. It has been contended that the petitioner is ready to surrender before the trial Court and face the trial and his custodial interrogation is not required for any purpose, so he may be granted the anticipatory bail.

Adjourned to 10.7.2023.

In the meanwhile, the petitioner is directed to surrender before the trial Court within ten days from today and in the event of his surrendering before the trial Court, he will be released on bail on his furnishing personal and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. If the petitioner will not surrender before the trial Court within the stipulated period, then this order will stand vacated.

Status report be also filed on the next date of hearing." 3.

Learned counsel for the petitioner would contend that pursuant to the said order, the petitioner has surrendered before the Trial Court and has been granted bail on his furnishing bail and surety bonds in a sum of Rs.1,00,000/- to the satisfaction of the Court. The bail bonds have also been furnished and the same have been accepted and attested. 4.

Learned counsel for the State, on instructions from ASI Anand Kumar, has also stated that the petitioner has surrendered before the Trial

-3Court and has been granted bail and his bail bonds have also been accepted by the Trial Court.

5.

In view of the above, the order dated 22.06.2023 is made absolute. The petitioner shall abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 21.08.2023 Yogesh Sharma