Pawan And ORS v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51232-2021 Date of decision-16.03.2022 Pawan and others

...Petitioners

Vs.

State of Haryana

...Respondent

CORAM:- HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Raj Kumar Gupta, Advocate for the petitioners. Mr. Sukhdeep Parmar, DAG, Haryana.

*** MANOJ BAJAJ, J. (Oral) Petitioners have approached this Court under Section 438 Code of Criminal Procedure to seek anticipatory bail in case FIR No.0561 dated 16.09.2021 under Sections 147, 148, 149, 323, 325, 326 and 506 of Indian Penal Code, 1860 and Section 3(2) (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Sadar Bhiwani, Bhiwani, Haryana, who apprehends their arrest at the hands of Police.

On 07.12.2021, this Court had passed the following order:- "Learned counsel contends that a reading of the FIR would not indicate the alleged commission of offence punishable under Section 3 (2) (Va) The Scheduled Castes and the Scheduled Tribes (Prevention GEETA RANI 2022.03.17 10:56 I attest to the accuracy and authenticity of this document

CRM-M-51232-2021 -2of Atrocities) Act, 1989 and as per the allegations by the complainant, accused Pawan and Satbir had given slap and fist blows to injured-Rohit, whereas petitioner Charnu @ Charan Singh, who was armed with a stick had caused head injury to Rohit, which was found to be simple. It is pointed out that the injury inviting the offence punishable under Section 326 IPC suffered by Bharat Bhushan is not attributed to petitioners. Notice of motion for 16.03.2022.

Meanwhile, the petitioners shall join the nvestigation and would come present as and when called for and in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer."

Learned counsel for the petitioners has stated that in compliance of the above order, the petitioners associated themselves in the investigation and cooperated during interrogation. Learned State counsel who is instructed by DSP Virender Singh states that indeed the petitioners have joined the investigation and are not required for custodial interrogation for the time being. Considering above, the petition is allowed and the interim bail granted by this Court vide order dated 07.12.2021 is made absolute. (MANOJ BAJAJ) JUDGE 16.03.2022 geeta Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No GEETA RANI 2022.03.17 10:56 I attest to the accuracy and authenticity of this document