High Court accepted an anticipatory bail application filed under Section 438 Cr.P.C. and made the dated 11.06.2010 interim order absolute, citing cooperation of petitioners in investigation and lack of absconding risk.
Order dated 11.06.2010 granting interim anticipatory bail made absolute subject to Section 438(2) Cr.P.C. conditions.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 17326 of 2010(O&M) Date of Decision: July 20, 2010.
Jasmero Devi and another
...... PETITIONER(s)
Versus
State of Haryana
...... RESPONDENT(s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. R.S.Budhwar, Advocate for the petitioners.
Mr. P.M.Anand, Addl.A.G., Haryana.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.126 dated 26.04.2010, under Sections 148/149/323/324/325/326/427/452/332/353/186 IPC, registered at Police Station Pehowa, District Kurukshetra.
I have heard learned counsel for the parties and have gone through the whole record.
A coordinate Bench of this Court while issuing notice of motion on 11.06.2010 passed the following order:-
2
CRM No.M-17326 of 2010
“Says that no specific role has been attributed to the petitioners. As per the averment, crowd had gathered and caused injuries to the persons, who were conducting the MLRs.
Notice of motion for 20.07.2010.
In the meanwhile, in the event of arrest of the petitioners, they shall be released on anticipatory bail to the satisfaction of the Arresting Officer, subject to the conditions contained in Section 438(2) Cr.P.C. They will join the investigation as and when required.”
It has been stated by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 11.06.2010.
It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation.
There are no allegations on behalf of the State that 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.
Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Jasmero Devi and Ram Pal, is accepted and order dated 11.06.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.
The present petition stands disposed of accordingly.
( RAM CHAND GUPTA ) JUDGE
July 20, 2010. 'om'
1 issue framed by the court
Whether the anticipatory bail application should be accepted and the interim order made absolute.
1 provisions across 1 enactments
Jasmero Devi
Ram Pal
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
