Lokesh Kumar And ORS. v. State Of Haryana And Another
CRM-M-41424-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 210-2 CRM-M-41424-2022 Date of Decision: 15.02.2023 Lokesh Kumar and others ......... Petitioners
Versus
State of Haryana and another ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :
Ms. Vipasha Sharma, Advocate for Mr.Raja Bahadur Singh Jain, Advocate for the petitioner.
Ms. Dimple Jain, AAG, Haryana.
Mr. Ashish Sharma, Advocate for Ms. Sonia, Advocate for respondent No.2.
**** JAGMOHAN BANSAL , J. (Oral) On 21.09.2022, the following order was passed :- "The present petitions have been filed under Section 438 Cr.P.C., for anticipatory bail in case FIR No.23 dated 06.08.2022 under Sections 323, 34, 342, 406 and 498-A IPC, registered at Women Police Station, Panipat.
Counsel for the complainant submits that there is no possibility for a settlement between the parties.
List on 15.02.2023.
Upon instructions, learned State counsel submits that recovery is to be effected from the petitioners.
Meanwhile, the petitioners shall join the investigation on 28.09.2022 at 10:00 AM at P.S. Women, Panipat and would come present as and when called for and in the event of arrest, they ANJU GOEL 2023.02.15 16:26 I attest to the accuracy and integrity of this document
CRM-M-41424-2022 -2shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. They shall also abide by the conditions as specified under Section 438(2) Cr.P.C.
A photocopy of this order be placed on the file of connected matters."
Learned counsel for the private respondent submits that the parties have compromised the matter and respondent No.2 has no objection if interim protection granted to the petitioner is made absolute. Learned State counsel on instructions from ASI Santosh submits that petitioners have joined investigation and no custodial interrogation is required.
In view of the above, the petition is allowed and the interim bail granted to the petitioners vide order dated 21.09.2022 is made absolute subject to the conditions envisaged under Section 438(2) of Cr.P.C. If the petitioners or their family members/associates make any attempt to threat/intimidate the witnesses in the present case, the State would be at liberty to move an application for cancellation of bail granted by this order.
Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and trial Court shall proceed without being prejudiced by observations of this Court. ( JAGMOHAN BANSAL ) JUDGE 15.02.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.02.15 16:26 I attest to the accuracy and integrity of this document