This judgment confirms the interim bail granted to petitioners who surrendered before the Magistrate following a previous anticipatory bail order. The Court made the interim bail absolute without expressing an opinion on the merits of the underlying charges.
Interim bail furnished by petitioners was made absolute; case disposed of.
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.
1
Criminal Misc. No. M-26715 of 2010 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-26715 of 2010 (O&M) Date of decision:- November 17th , 2010
Hardwari and others
......Petitioners
Versus
State of Haryana
....Respondent
CORAM:- HON'BLE MRS. JUSTICE SABINA
Present: - Mr. Jagjeet Beniwal, Advocate for the petitioners.
Mr. S.S. Goripuria, DAG, Haryana.
Mr. N.S. Shekhawat, Advocate, for the complainant.
SABINA, J.
Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.42 dated 08.07.2010, under Sections 148, 149, 323, 324, 285, 325, 506, 307 of Indian Penal Code and Sections 25 of Arms Act, 1959 registered at Police Station Satnali, District Mahendergarh.
At the time of issuance of notice of motion on 10.09.2010, the following order was passed by this Court: -
“Learned counsel for the petitioners has submitted that the petitioners had been released on regular bail but an offence under Section 307 IPC has been added later on. As per the opinion of the Doctor, injuries on the person of Shakti Singh could
Criminal Misc. No. M-26715 of 2010 (O&M)
2
be dangerous to life if they had not been treated in routine course. None of the injuries on the person of Shakti Singh were on the vital part of the body.
Notice of motion for 12.10.2010.
In the meantime, the petitioners are directed to surrender before the Magistrate concerned and the Magistrate shall release the petitioners on interim bail subject to its satisfaction.”
Learned counsel for the petitioners has submitted that in pursuance of the above order the petitioners have surrendered before the Magistrate and have furnished interim bail.
Accordingly, without expressing any opinion on the merits of the case, the interim bail furnished by the petitioners before the Magistrate in pursuance of the order of this Court, is made absolute.
However, it is clarified that in case, the petitioners again attack the complainant party then complainant party would be free to seek cancellation of bail.
The petition stands disposed of accordingly.
(SABINA) JUDGE
November 17th , 2010 neetu
2 issues framed by the court
Whether the interim bail furnished by petitioners in pursuance of a previous order of this Court should be made absolute.
Whether the petitioners should be directed to appear if they attempt to attack the complainant again.
3 provisions across 3 enactments
Hardwari
State of Haryana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
