Parminder Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-59497 of 2023 (O & M) Date of decision :-27.02.2024 Parminder Singh .....Petitioner

Versus

State of Haryana .....Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Krishan M. Vohra, Advocate for the petitioner.

Mr. Ranvir Singh Arya, Addl. A.G., Haryana.

NIDHI GUPTA J. (Oral) The petitioner is seeking anticipatory bail in FIR No.248 dated 27.8.2023 (Annexure P-2), under Sections 323, 34, 354-B and 427 IPC (Section 452 IPC added later on), registered at Police Station City Pehowa, District Kurukshetra.

On 28.11.2023 co-ordinate Bench of this Court had passed the following order :- "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.248 dated 27.08.2023 under Sections 323, 34, 354-B, 427 of the Indian Penal Code, 1860 (IPC) and Section 452 IPC added later on, registered at Police Station City Pehowa, District Kurukshetra, Haryana.

Learned counsel for the petitioner would contend that the petitioner was not named in the FIR and his name surfaced for the first time in the statement of the victim

recorded under Section 164 CrPC as well as in the disclosure statement of the co-accused. The learned counsel would further contend that the main accused Rahul has since been granted the concession of regular bail. It is further contended that the injuries in the present case are all simple in nature.

Notice of motion.

Ms. Priyanka Sadar, AAG Haryana accepts notice on behalf of respondent-State of Haryana.

List on 27.02.2024.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing personal bonds with adequate surety to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973." Learned State counsel, on instructions from L/ASI Saroj Bala states that in terms of the order passed by this Court, reproduced above, the petitioner has joined the investigation on 25.12.2023, is cooperating and no further interrogation is required at this stage. In view of the above, the order dated 28.11.2023 granting interim bail to the petitioner is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join the investigation and cooperate with the investigating agency in case he is required for the same in future as and when called upon to do so.

investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

February 27, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No