In a bail application, the Court converted the interim bail previously granted to the petitioners into an absolute order, dismissing the matter after noting that their custodial interrogation was unnecessary.
The interim bail granted to the petitioners on 21.4.2011 was made absolute.
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.
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CRM No.M-11725 of 2011
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM No.M-11725 of 2011 (O & M) Date of decision : 20.7.2011
Smt.Rachni Devi and others
........Petitioners
Vs.
State of Haryana
.........Respondent
CORAM : HON'BLE MR.JUSTICE RAJESH BINDAL
Present:- Mr.Abhishek Jain, Advocate, for the petitioners
Mr.Sandeep Vermani, Addl.AG, Haryana
RAJESH BINDAL, J
While issuing notice of motion on 21.4.2011, following contentions of learned counsel for the petitioners were recorded :-
“Learned counsel for the petitioners inter alia contends that the complainant in his complaint has roped in the entire family of the petitioner side with respect to a dispute relating to Bara. It is submitted that the decision of the learned First Appellate Court regarding the Bara in dispute is in favour of petitioners' side and this Court in RSA No.2288 of 2010 has dismissed the appeal vide order dated 18.01.2011 (Annexure P-4) in which, it has inter alia been observed that insofar as possessory title of plaintiff-Jarnail Singh (complainant) was concerned, since defendants-respondents had not claimed any title or possession of gher/Bara of the plaintiff (complainant), the finding on issue No.1 will not in any manner prejudice the right, title or interest of the petitioners' side over the gher/Bara viz-a-viz defendants-respondents. Therefore, it is submitted that in fact the order of the learned First
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CRM No.M-11725 of 2011
Appellate Court has been upheld. In any case, in order to get clarification, an application (Annexure P-5) has been filed seeking modification of the order dated 18.01.2011 (Annexure P-4). The co-accused of the petitioners namely Om Parkash and the three sons of Ajmer Singh were arrested and have been granted regular bail.”
Learned State counsel, on instructions from ASI Harbans Lal, submitted that the petitioners have already joined the investigation and their custodial interrogation is not required.
The injuries suffered by the complainant were found to be simple.
Keeping in view the aforesaid facts, the interim bail granted to the
petitioners on 21.4.2011, is made absolute.
The petition stands disposed of.
(RAJESH BINDAL) JUDGE
20.7.2011 akm
1 issue framed by the court
Whether the interim bail granted to the petitioners should be made absolute.
Smt. Rachni Devi and others
State of Haryana
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
