This petition under Section 438 Cr.P.C. sought anticipatory bail. The petitioner had already joined the investigation as directed by a coordinate bench order. The court made the interim order absolute as no arrest or witness tampering was alleged.
Interim order granting anticipatory bail was made absolute.
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.
Criminal Misc.No. M- 12196 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 12196 of 2010 Date of decision:- 22.7.2010
Hari Singh
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. Shiv Kumar, Advocate for the petitioner.
Mr. Dhruv Dayal, DAG Haryana.
RAM CHAND GUPTA J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in FIR No.36 dated 02.3.2010, under Sections 323,324,34 IPC and Section 326 IPC (added later on), registered at Police Station Ballabgarh Sadar, District Faridabad.
I have heard learned counsel for the parties and have gone through the whole record carefully.
Co-ordinate Bench of this Court while issuing notice of motion on 30.4.2010, passed the following order:-
“Learned counsel for the petitioner submits that vide order dated 20.4.2010 (Annexure P-4) the co-accused have been admitted to interim anticipatory bail by this Court and now the matter is fixed for 5.7.2010.
Notice of motion for 5.7.2010.
Meanwhile, arrest of the petitioner is stayed
Criminal Misc.No. M- 12196 of 2010
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with a direction to join the investigation as and when called by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim bail by the Investigating Officer. The petitioner will abide by the conditions as enshrined in Section 438 (2) of Cr.P.C.”
It has been stated by learned counsel for the petitioner that the petitioner has joined the investigation in pursuance of the said order.
It has been stated by learned counsel for the respondentState that the petitioner has joined the investigation and is no more required for any custodial interrogation.
There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
In view of these facts and without expressing any opinion on the merits of the case, order dated 30.4.2010, granting interim bail to the petitioner-Hari Singh, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.
The present petition stands disposed of accordingly.
July 22, 2010 vj
( RAM CHAND GUPTA ) JUDG
2 issues framed by the court
Whether the interim anticipatory bail granted in the coordinate bench order should be granted absolute.
Whether the petitioner joining investigation satisfies the conditions for granting absolute bail.
2 provisions across 1 enactments
Hari Singh
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
