High Court of Punjab and HaryanaCRM-M/35735/2023allowed

Krishan @ Sourabh v. State Of Haryana

2024-02-08Mr. Justice Mahabir Singh Sindhu3 pages

CRM-M-35735-2023 (O&M) 1 2024:PHHC:018287 208( 2nd case)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-35735-2023 (O&M) Date of decision: 08.02.2024 Krishan @ Sourabh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Keshav Pratap Singh, Advocate for the petitioner.

Mr. Kiran Pal Singh, AAG, Haryana.

Mr. Vishal Singh, Advocate, and Mr. Sarfaraz Gill, Advocate for the complainant.

**** MAHABIR SINGH SINDHU, J.

Present petition under Section 438 of the Code of Criminal Procedure has been filed for grant of pre-arrest bail to the petitioner in FIR No. 273 dated 01.09.2022 registered under Sections 148, 149, 323, 324, 506 Indian Penal Code (for short 'IPC') and Section 25 of the Arms Act, 1959 (Section 201, 325 & 307 IPC added later on), at Police Station, Ballabgarh Sadar, District Faridabad, Haryana. (2) Allegations against the petitioner is that he along with coaccused persons assaulted the complainant and her family members with the help of lathi and wooden stick and also pelted stones and bricks on their house.

(3) This Court, on 26.07.2023, granted interim bail to the petitioner

CRM-M-35735-2023 (O&M) 2 2024:PHHC:018287 and which reads as under:- "Contends inter-alia that co-accused, namely, Dalip Kumar, Jai Kishore & Jyoti Sharma with similar allegations have already been granted the concession of pre-arrest bail by learned Additional Sessions Judge, Faridabad vide orders (P-3 & P-4).

Notice of motion for 22.08.2023.

In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438(2) of Code of Criminal Procedure, 1973."

(4) Learned Counsel, submits that in pursuance of the aforementioned order, petitioner has already joined the investigation and his custodial interrogation is not required. In fact, it is a case of version and cross version.

(5) Learned State Counsel, on instructions from ASI Pritam Singh, submits that petitioner has joined investigation and as on today, his custodial interrogation is not required.

(6) On the other hand, learned Counsel for the complainant vehemently opposed the prayer of petitioner. Since learned State Counsel is not asking for custodial interrogation of petitioner, therefore, the objection raised by learned Counsel for the complainant is rejected. (7) In view of above, interim order dated 26.07.2023 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. (8) It is also made clear that the petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

CRM-M-35735-2023 (O&M) 3 2024:PHHC:018287 (9) The above observations may not be construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.

(10) It is made clear that in case of any recurrence on the part of the petitioner, the State of Haryana would be at liberty to move an application for recalling of this order.

(11) Disposed off accordingly.

(12) Pending application(s), if any, shall also stand disposed off. 08.02.2024 (MAHABIR SINGH SINDHU) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No