The High Court allowed the petitioner's petition for anticipatory bail in a Section 307 IPC case. The court noted the petitioner had joined investigation post-order dated 30.04.2009 and granted bail subject to Section 438(2) conditions.
Petitioner granted anticipatory bail subject to conditions envisaged under Section 438(2) Cr.P.C.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M-11355 of 2009 Date of decision : 18.05.2009
Rajnish @ Nishu
....Petitioner
V/s
State of Haryana
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Jai Vir Yadav, Advocate for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG Haryana.
RAJAN GUPTA J. (ORAL)
Learned counsel for the petitioner submits that offence under Section 307 IPC is not made out as no injury on the vital part has been attributed to the complainant/injured. Moreover, none of the injuries have been declared dangerous to life. Learned counsel has also argued that from the entire FIR, it is clear that petitioner was not armed with any weapon at all. He further argued that the petitioner was unarmed and only fist and leg blows have been attributed to him. Serious injuries have been attributed only to the co-accused.
Learned State counsel (on instructions from ASI Mohinder Singh, who is present in Court) submits that pursuant to order dated 30.04.2009, the petitioner has joined the investigation and is no longer required for custodial interrogation.
In view of this, the instant petition is allowed. The petitioner is granted the concession of anticipatory bail subject to the conditions as envisaged under Section 438(2) Cr.P.C.
18.05.2009 (RAJAN GUPTA) Ajay JUDGE
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner under Section 438 Cr.P.C. in an offence under Section 307 IPC.
1 provisions across 1 enactments
Rajnish @ Nishu
State of Haryana
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
