Allowed

Parkash Wanti and Anr. v. State of Haryana

Punjab & Haryana HC3 Nov 2012CRM-M/30469/2012

Case brief

AI extract

What is this about?

The High Court converted an interim order of anticipatory bail into an absolute order for petitioners who were elderly and ailing, after they joined the investigation and the State found no need for further custodial interrogation, subject to statutory conditions.

What did the court decide?

The order granting interim bail to the petitioners is made absolute subject to compliance of conditions under Section 438(2) Cr.P.C.

Parkash Wanti and Anr. Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2012)

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Crl.M.No.M-30469 of 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-30469 of 2012(O&M) Date of Decision: November 3, 2012

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Smt.Parkash Wanti and another

.....Petitioners

State of Haryana

......Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.Rakesh Nehra, Advocate for the petitioners.

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Mr.Sandeep S.Mann, DAG, Haryana.

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......

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RAM CHAND GUPTA, J.(Oral)

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The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.47, dated 8.2.2010, under Sections 419, 420, 467, 468, 471, 120-B IPC, registered at Police Station Shivaji Colony, Rohtak, District Rohtak.

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I have heard learned counsel for the parties and have gone through the whole record carefully.

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This Court while issuing notice of motion on 4.10.2012, passed the following order:

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“Crl.M.No.58388 of 2012

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Application is allowed subject to all just exceptions. Crl.M.No.M-30469 of 2012

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Contends that petitioner no.1 is more than 80 years old and that petitioner no.2 is more than 70 years old and that both are ailing and are getting regular treatment. It is further contended that moreover the case is based on the documentary evidence and that similarly placed co-accused namely, Bhateri Devi, Bala Devi, and Om Pati have already been granted concession of anticipatory bail by this Court vide orders dated 31.5.2012 and 30.7.2012 passed in

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Crl.M.No.M-30469 of 2012(O&M)

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Crl.M.Nos.M-33147 and 39438 of 2011 respectively.

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Notice of motion to Advocate General, Haryana, for 3.11.2012.

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However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they 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.”

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It has been stated by learned counsel for the petitioners that pursuant to the said order, the petitioners have already joined the investigation.

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It has been stated by learned State counsel as well that the petitioners have joined the investigation and that they are no more required for any custodial interrogation by the police.

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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.

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In view of these facts and without expressing any opinion on the merits of the case, order dated 4.10.2012, granting interim bail to petitioners-Smt.Parkash Wanti and Ramji Dass, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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(Ram Chand Gupta) Judge

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3.11.2012

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meenu

Parkash Wanti and Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Parkash Wanti and Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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