M-11697 of 2011 1 IN THE HIGH COURT FOR THE…
petition dismissed as withdrawn; arrest stayed; liberty to surrender within ten days for regular bail hearing.
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Crl. Misc. No. M-11697 of 2011 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
Crl. Misc. No. M-11697 of 2011 (O&M) Date of decision : 25.4.2011
Ronak and another
...Petitioners
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Sarfraj Hussain, Advocate for the petitioners.
Rajan Gupta, J. (oral)
This is a petition under Section 438 Cr.P.C. seeking prearrest bail in a case registered against the petitioners under Sections 323, 376 (g), 452, 506 read with Section 34 IPC at Police Station Nuh, District Mewat, vide FIR No.46 dated 4th February, 2011.
Learned counsel for the petitioners submits that from the statement of the prosecutrix it is clear that no allegation of rape is levelled against the petitioners. According to him, only allegation is that the petitioners were standing on the roof when co-accused, namely Kesar Naseem alias Bhalla and Shahid alias Jaheed tried to flee from the spot after committing rape. He, however, submits that he may be allowed to withdraw the present petition with liberty to the petitioners to surrender before the trial court and seek regular bail.
In view of the statement made by learned counsel for the petitioners, this petition is dismissed as withdrawn with the liberty as
Crl. Misc. No. M-11697 of 2011 2
aforesaid. In case the petitioners surrender before the trial court within ten days from today and apply for regular bail, their plea shall be decided within one week thereafter. Arrest of the petitioners shall remain stayed till the decision of their bail application.
(RAJAN GUPTA) JUDGE
25.4.2011 'rajpal'
Ronak and another
State of Haryana
Rajan Gupta
As recorded by the court registry
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