Single judge granted conditional bail in Criminal Misc. No. M-11226 of 2008. The court directed that if the petitioner is arrested, he shall be released on bail to the satisfaction of the Investigating Officer and bound by Section 438(2) conditions.
Order for release on bail to satisfaction of Arresting/Investigating Officer upon arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M- 11226 of 2008 Date of decision:-9.5.2008.
Amit Kumar
...Petitioner.
Versus
The State of Haryana
...Respondent.
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Sandeep Boora , Advocate for the petitioner.
Mr. Ajay Ghengas, DAG, Haryana.
RAJESH BINDAL J.
Learned counsel for the petitioner submits that in the FIR the name of the petitioner is not there which was recorded on the statement of Twinkey Bhutia with the allegation that on 9.3.2008 at about 9.15 p.m. some unknown person had physically assaulted her. It was only 2 days thereafter the name of the petitioner was mentioned in the supplementary statement recorded on 11.3.2008 without disclosing the source from where she came to know that the petitioner had assaulted on 9.3.2008 and how did she recognise him.
Without opining on the merits of the controversy, the present petition is disposed of with a direction that in case of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C.
(RAJESH BINDAL) JUDGE
May 9, 2008 ritu-II
1 issue framed by the court
Whether to grant conditional bail despite the petitioner not being named in the initial FIR.
1 provisions across 1 enactments
Amit Kumar
The State of Haryana
RAJESH BINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
