Held the anticipatory bail application of the petitioner, who had joined investigation and posed no flight risk, accepted, making the interim bail order absolute under Section 438 Cr.P.C.
Petition allowed; interim bail order dated 24.04.2012 made absolute subject to conditions under Section 438(2) Cr.P.C.
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-11507 of 2012 (O&M)
Date of Decision: May 08, 2012.
Nazar Mohd. alias Nanu
...... PETITIONER(s)
Versus
State of Haryana
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Bikram Chaudhary, Advocate for for the petitioner.
Mr. Anmol Malik, A.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.102 dated 9.3.2012 under Sections 323, 326, 452 read with Section 34 of Indian Penal Code, registered at Police Station Central Faridabad, District Faridabad.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Faridabad dismissing anticipatory bail application filed on behalf of the petitioner.
This Court while issuing notice of motion on 24.04.2012 passed the following order:-
“Contends that though as per version of the FIR, danda blow has been attributed to the petitioner and, however, there is no corresponding injury in the MLR. It is further submitted that grievous injury has been attributed to co-
CRM No.M-11507 of 2012
2
accused Hussan, who has already been arrested and released on regular bail.
Notice of motion to Advocate General, Haryana, for
8.5.2012.
However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”
It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 24.04.2012.
It has also been stated by learned counsel for the State on the instructions from ASI Surender Singh that petitioner has joined the investigation and that he is no more required for any custodial interrogation.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is 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 petitioner Nazar Mohd. alias Nanu is accepted and order dated 24.04.2012 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
May 08, 2012. Sachin M.
1 issue framed by the court
Whether the anticipatory bail application of the petitioner who has joined investigation should be accepted granting the interim bail absolute.
2 provisions across 1 enactments
Nazar Mohd. alias Nanu
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
