Single judge of Punjab and Haryana High Court accepted a petition under Section 438 CrPC to make interim bail absolute pending trial without expressing an opinion on merits of the case.
Anticipatory bail application accepted to make interim bail absolute subject to conditions imposed by trial court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 27531 of 2011(O&M) Date of Decision: January 23, 2012.
Sachin Rathi and another.
...... PETITIONER(s)
Versus
State of Haryana and another.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Rahul Sharma, Advocate, for the petitioners.
Mr. S.S.Pattar, Sr. D.A.G., Haryana.
None for respondent no.2- complainant.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in Criminal Complaint no.112-1 of 2009 dated 03.03.2009/24.04.2009, under Sections 323/379/506 IPC pending before learned Chief Judicial Magistrate, Sirsa.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned
2
CRM No.M-27531 of 2011
Additional Session Judge (Fast Track Court), Sirsa dismissing anticipatory bail application filed by the petitioners.
It has been contended by learned counsel for the petitioners that pursuant to order dated 09.09.2011 passed by this Court they have already appeared before learned trial Court and admitted to interim bail. It is further contended that they will continue to appear before learned trial Court.
Learned counsel for the State has not disputed this fact.
There are no allegations on behalf of the State that petitioners are likely to abscond or that they are 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 Sachin Rathi and Vikas is accepted and order dated 09.09.2011 granting interim bail in favour of petitioners is, hereby, made absolute subject to any conditions that may be imposed by learned trial Court.
The present petition stands disposed of accordingly.
January 23, 2012. ‘om’
( RAM CHAND GUPTA ) JUDGE
2 issues framed by the court
Whether anticipatory bail application should be accepted to make interim bail absolute.
Whether conditions under Section 438 of CrPC should be imposed by the High Court.
1 provisions across 1 enactments
Sachin Rathi
Vikas
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
