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High Court of Punjab and HaryanaCRM-M/45921/2021allowed

Rakesh v. State Of Haryana

2022-01-19Mr. Justice Gurvinder Singh Gill3 pages

In the High Court for the States of Punjab and Haryana At Chandigarh I) Rakesh ... Petitioner

Versus

State of Haryana ... Respondent II) CRM-M-45969-2021 (O&M) Tek Chand and another ... Petitioners

Versus

State of Haryana ... Respondent III) CRM-M-38171-2021 (O&M) Rishi Pal and another ... Petitioners

Versus

State of Haryana ... Respondent IV) Lal Singh and another ... Petitioners

Versus

State of Haryana ... Respondent \ Date of Decision:-19.1.2022

( 2 ) CRM-M-45969-2021 (O&M);

CRM-M-38171-2021 (O&M) &

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Virender Soni, Advocate for the petitioner(s). Mr. Apoorv Garg, DAG, Haryana.

Mr. Ashit Malik, Advocate for the complainant. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned four petitions filed on behalf of petitioners Rakesh, Tek Chand, Sher Singh, Rishi Pal, Pardeep Kumar, Lal Singh and Zile Singh seeking grant of anticipatory bail in respect of a case registered vide FIR No.95 dated 22.5.2021 at Police Station Dhand, District Kaithal under Sections 148, 149, 323, 324, 506 of Indian Penal Code, wherein offences under Sections 325 and 307 IPC were added later on. 2.

Learned counsel for the petitioners submits that it is a case where free fight had taken place between two parties and is infact a case of cross versions where as many as 9 persons from the side of petitioners have sustained injuries and as many as 8 persons from the opposite side have sustained injuries. Learned counsel for the petitioners submits that infact one of the person from the side of petitioners has sustained grievous injury. 3.

On the other hand, learned State counsel assisted by learned counsel for the complainant has submitted that apparently it is a case where the petitioner's side is the aggressor inasmuch they have been booked for offence under Section 307 IPC as well, whereas the opposite side has been booked for

( 3 ) CRM-M-45969-2021 (O&M);

CRM-M-38171-2021 (O&M) & offences under Sections 323 and 325 IPC only. Learned State counsel has, however, informed that pursuant to interim directions, the petitioners have joined investigation.

4.

I have considered rival submissions addressed before this Court. 5.

Having regard to the number of persons injured on both the sides, it is apparent that it is a case of cross-versions. However, it is yet to be established as to which of the party is the aggressor. Some of the co-accused have already been granted bail by this Court. The petitioners are stated to have joined investigation.

6.

In view of the aforestated position, mainly the fact that it is a case of crossversions and that the petitioners have already joined investigation, all the four petitions are accepted and the interim directions issued by this Court vide orders dated 2.11.2021 (passed in CRM-M-45921-2021 and in CRM-M45969-2021), order dated 15.9.2021 (passed in CRM-M-38171-2021) and order dated 27.8.2021 (passed in CRM-M-34455-2021) are hereby made absolute, subject to the condition that the petitioners 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.

7.

A photocopy of this order be placed on the file of connected case. 19.1.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No