Allowed

Joginder v. State of Haryana and Others

Punjab & Haryana HC14 Feb 2011CRM-M/1448/2011

Case brief

AI extract

What is this about?

Single judge application to cancel prior bail of accused persons who caused grievous injury to the petitioner-witness after their release. The High Court held that as the accused misused bail by committing a new offence, bail was revoked and they were directed to surrender.

What did the court decide?

Bail granted to accused respondents cancelled; respondents No. 2 to 4 directed to surrender before the trial Court immediately.

Joginder Vs State of Haryana and Others — Bail and Remand | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-1448 of 2011 (O&M)

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Date of Decision: 14.02.2011

Joginder

.... Petitioner

Versus

State of Haryana and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE ALOK SINGH

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Present : Mr. Dinesh Arora, Advocate for the petitioner

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Ms. Preeti Chaudhary, AAG Haryana for the respondent – State

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Mr. Sunil Saharan, Advocate for respondents No. 2 to 4

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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ALOK SINGH, J. (ORAL)

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This is an application seeking cancellation of bail granted by this Court vide order dated 6.5.2010 in Criminal Complaint No. 7/1 dated 29.1.2009 titled “Ravinder vs. Rajesh and others” pending in the Court of Judicial Magistrate First Class, Hisar, under Sections 148, 323, 324, 325, 407, 435 and 506 read with Section 149 IPC. The ground seeking cancellation of bail is that after releasing on bail pursuant to order of this Court dated 6.5.2010, the accused have caused grievous injuries to the petitioner, who is the witness in the complaint case against the accused, for which FIR No. 267 dated 15.12.2010 at Police Station Agroha, District Hisar, was lodged initially under Sections 148, 149, 323, 324, 427, 447 and 506 IPC

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Crl. Misc. No. M-1448 of 2011 (O&M)

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however, since the petitioner herein (witness in the complaint case) has received grievous injury, hence Section 326 IPC is also added against the accused. Learned counsel has further argued that since accused had misused bail by causing injury on the person of the witness of the criminal case (petitioner herein), hence bail granted to the accused must be cancelled.

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Learned counsel for respondents No. 2 to 4 has fairly stated that there was fight between the complainant and the accused after grant of bail in the complaint case. Learned counsel has further stated that cross FIR has been registered by the complainant as well as by the accused.

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Ms. Preeti Chaudhary, AAG Haryana has filed affidavit of Omvir Singh, HPS, Deputy Superintendent of Police, Hisar. As per the affidavit of Deputy Superintendent of Police, Hisar, accused have caused grievous injuries to the present petitioner with intention to kill him.

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A bail granted to the accused can be revoked/cancelled, if Court finds that accused has misused the bail and has committed any offence.

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From the averments made in the application as well as in the affidavit of the Deputy Superintendent of Police, Hisar as well as from the arguments advanced by learned counsel for accusedrespondents, it appears that after coming out from the jail on bail they are involved in a criminal activity for which cross FIRs have been filed by both the parties against each other.

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Crl. Misc. No. M-1448 of 2011 (O&M)

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Without commenting on the merits of the case and to avoid future repetition of the offence, I direct that bail granted to the accused respondents shall stand cancelled.

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Petition stands allowed, accordingly. Respondents No. 2 to 4 shall surrender before the trial Court immediately.

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14.02.2011 reena

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(ALOK SINGH) JUDGE

Joginder v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Joginder v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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