Allowed

Binder and Ors. v. State of Haryana

Punjab & Haryana HC13 Aug 2010CRM-M/13652/2010

Case brief

AI extract

What is this about?

The High Court at Chandigarh disposed of a petition for anticipatory bail under Section 438 CrPC. The petitioners, involved in a case of simple injuries and rioting, had joined the investigation per an earlier interim order. The court confirmed the interim bail as absolute without expressing an opinion on the merits.

What did the court decide?

The petition for anticipatory bail was allowed and the order granting interim bail dated 11.5.2010 was made absolute.

Binder and Ors. Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2010)

¶1

In the High Court of Punjab and Haryana at Chandigarh

¶2

Criminal Misc. No.M-13652 of 2010 (O&M) Date of decision: 13.8.2010

Bijender and others

......Petitioners

Versus

State of Haryana

.......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

¶9

Present: Mr.B.S.Walia, Advocate, for the petitioner.

¶10

Ms.Latika Rao, AAG, Haryana.

¶11

Mr.Vikas Kumar, Advocate, for the complainant. ****

¶12

SABINA, J.

¶13

This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.49 dated 8.4.2010, under Sections 323, 324, 326, 148, 149, 506 of the Indian Penal Code (IPC for short) registered at Police Station Rori.

¶14

While issuing notice of motion, the following order was passed by this Court on 11.5.2010 :- “ Learned counsel for the petitioners has

¶15

Criminal Misc. No.M-13652 of 2010 (O&M) -2-

¶16

submitted that it was a case of version and cross-version although no cross case has been registered by the police so far. Simple injuries are attributed to the petitioners.

¶17

Notice of motion for 27.7.2010.

¶18

In the meantime, in the event of arrest, the petitioners be admitted to interim bail subject to the satisfaction of the Arresting Officer. They shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure.”

¶19

Learned State counsel, on instructions from ASI Nafe Singh, has submitted that the petitioners have joined investigation in terms of the order reproduced above.

¶20

In the present case, although the case of the petitioners is that in the alleged occurrence, Jamba Singh and Sukhdev Singh had also suffered injuries but no cross-version was registered by the police. The private complaint has been filed by the petitioners' side qua the injuries suffered by petitioners Jamba Singh and Sukhdev Singh. The injury attracting offence under Section 326 IPC is on the finger of right hand of Mander Singh and the said injury is attributed to co-accused- Boota Singh. The petitioners are attributed simple injuries. In these circumstances, it would be just and expedient to confirm the interim bail granted by this Court as the petitioners have joined investigation.

¶21

-3-

¶22

Criminal Misc. No.M-13652 of 2010 (O&M)

¶23

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail

¶24

dated 11.5.2010 is made absolute.

¶25

(SABINA) JUDGE

¶26

August 13, 2010 anita

Binder and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Binder and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balwinder Singh@ Binder Vs State of Punjab

Sudesh Kaushal Vs Ut of Chandigarh Andanr.

Shamsher Singh Vs State of Haryana

Harjinder Singh and Others Vs State of Punjab and Another

Jagjit Singh and Ors. Vs State of Punjab and Ors.

Ajwinder Singh Vs State of Punjab