This single-judge bench disposed of an anticipatory bail petition by making absolute a previously issued interim order, finding no likelihood of absconding or witness tampering by the petitioners.
Interim order granting anticipatory bail made absolute subject to Section 438(2) conditions.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 12461 of 2010 Date of decision:- 22.7.2010
Rahisan and others
...Petitioners
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. Satish Chaudhary, Advocate for the petitioners.
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 petitioners in FIR No.477 dated 08.12.2009, under Sections 148,149,323,324,506 and 307 IPC, registered at Police Station Nuh, District Mewat.
I have heard learned counsel for the parties and have gone through the whole record carefully.
Co-oprdinate Bench of this Court while issuing notice of motion on 30.4.2010, passed the following order:-
“ Learned counsel for the petitioners submits that the injury, which has been declared dangerous to life, has been attributed to Mustaq, who has been released on regular bail. He further puts that the injuries attributed to the petitioners are simple in nature and furthermore, as would be apparent from Annexure P-1, the affidavit of the complainant Issa, he does not wish to take any legal action against the petitioners as well as Mustaq.
Notice of motion for 22.7.2010.
Meanwhile, arrest of the petitioners is stayed with a
direction to join the investigation as and when called by the Investigating Officer. In the event of arrest, the petitioners will be admitted to interim bail by the Investigating Officer. The petitioners will abide by the conditions as enshrined in Section 438(2) of Cr.P.C.”
It has been stated by learned counsel for the petitioners that the petitioners have joined the investigation in pursuance of the said order.
It has been stated by learned counsel for the respondentState that the petitioners have joined the investigation and are no more required for any custodial interrogation.
There are no allegations on behalf of the State that the petitioners are likely to abscond or that they are 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 petitioners-Rahisan, Nisar, Haroon, Azaad and Bhuri, 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 ( RAM CHAND GUPTA ) vj JUDG
1 issue framed by the court
Whether the interim order granting anticipatory bail should be made absolute.
2 provisions across 1 enactments
Rahisan and others
State of Haryana
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
