The petitioner sought anticipatory bail under Section 438 CrPC in a case involvinghurt. An interim bail order was converted into an absolute order as the petitioner was not required for further investigation.
The petition is allowed; interim bail order dated 3.5.2010 is made absolute.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-12673 of 2010 of (O&M) Date of decision: 13.7.2010
Bhoop Singh
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.B.S.Saroha, Advocate for Mr.Rahul Vats, Advocate, for the petitioner.
Mr.Satyavir Singh Yadav, DAG, Haryana.
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 14 dated 2.2.2010, under Sections 323, 324and 326 read with Section 34 of the Indian Penal Code at Police Station Dabwali, District Sirsa.
While issuing notice of motion, the following order was passed by this Court on 3.5.2010 :-
“ Learned counsel for the petitioner has submitted that the petitioner is the elder brother of the complainant. It is a case of version and cross-version.
Criminal Misc. No.M-12673 of 2010 of (O&M) -2-
The injury under Section 326 of the Indian Penal code is on the little finger of left hand of the complainant. Notice of motion for 13.7.2010.
In the meantime, in the event of arrest, the petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. He shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure.”
Learned State counsel, on instructions from ASI Bhoop Singh, has submitted that the petitioner has joined investigation in terms of the order reproduced above and is not required for further investigation.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 3.5.2010 is made absolute.
(SABINA) JUDGE
July 13, 2010
anita
1 issue framed by the court
Whether the petition for anticipatory bail under Section 438 CrPC should be allowed.
2 provisions across 1 enactments
Bhoop Singh
State of Haryana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
