This order makes absolute an earlier interim bail granted to the petitioner Suresh under Section 438 Cr.P.C. given that he has joined investigation and there are no allegations of absconding, without expressing opinion on case merits.
Interim bail order dated 26.9.2012 made absolute subject to conditions of Section 438(2) Cr.P.C.
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Crl.M.No.M-29845 of 2012(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-29845 of 2012(O&M) Date of Decision: October 30, 2012
Suresh
.....Petitioner
v.
State of Haryana
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Raj Mohan Singh, Advocate for the petitioner. Mr.Sandeep S.Mann, Sr.DAG, Haryana.
......
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.204, dated 4.7.2011, under Sections 147, 148, 149, 323, 285, 307, 341, 506 IPC and under Section 27 of the Arms Act, registered at Police Station Sadar Dadri, District Bhiwani.
I have heard learned counsel for the parties and have gone through the whole record carefully.
This Court while issuing notice of motion on 26.9.2012, passed the following order:
“Contends that petitioner is having no concern with the matrimonial dispute going on between complainant party and in-laws of daughter of complainant. Further submitted that coaccused Ravinder is husband of daughter of the complainant and that the main allegations of attacking upon the complainant party are against Ravinder, husband of Manju, i.e., daughter of complainant; and Naresh, Ram Kumar, Chandro, and Mukesh, i.e., brother, father, mother and sister of Ravinder. Further submitted that petitioner and his brother have been falsely implicated on the plea that they also reached there lateron
Crl.M.No.M-29845 of 2012(O&M)
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while armed with iron rods and dandas and caused injuries and, however, no specific injury has been attributed either to the petitioner or to his brother Naresh and rather brother of petitioner-Naresh has been found innocent by the police.
Notice of motion to Advocate General, Haryana, for 30.10.2012.
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 stated by learned State counsel that petitioner has already been arrested in another FIR No.383 dated 27.10.2011, registered at Police Station Sadar Dadri for offence under Section 174 A IPC as he was already declared proclaimed offender in the present FIR. It is further contended that petitioner has also joined investigation as per order of this Court dated 26.9.2012 and is no more required for any custodial interrogation and hence, the present application for bail is not opposed.
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.
In view of these facts and without expressing any opinion on the merits of the case, order dated 26.9.2012, granting interim bail to petitioner-Suresh is hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.
The present petition stands disposed of accordingly.
meenu
(Ram Chand Gupta) Judge
30.10.2012
3 issues framed by the court
Whether the interim bail order granted earlier should be made absolute in the absence of allegations to abscond.
Whether the petitioner needs to be produced for custodial interrogation having already joined investigation.
Whether to allow interim bail on anticipatory bail application without passing opinion on merits.
2 provisions across 1 enactments
Suresh
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
