The High Court of Punjab and Haryana made the order of interim anticipatory bail absolute, holding the petitioner need not be arrested again despite added offences, and directed him to continue investigation.
Interim anticipatory bail order made absolute; waiver of license/security; direction to join investigation; interim bail available if arrested.
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CRM No.M-1450 of 2014
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 1450 of 2014(O&M) Date of Decision: March 3, 2014.
Kitaba
...... PETITIONER(s)
Versus
State of Haryana
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present: Mr. Naveen Gupta, Advocate, for the petitioner.
Mr. Vikas Malik, AAG, Haryana.
TEJINDER SINGH DHINDSA, J.(Oral)
This order shall dispose of the present petition filed under Section 438 of Code of Criminal Procedure for grant of anticipatory bail to the petitioner in FIR No.337 dated 09.12.2013, under Sections 323/324/325/326/ 341/148/149 IPC, registered at Police Station Sadar Narwana.
On 21.01.2014, while issuing notice of motion, the following order was passed by this Court:-
“ Crl. Misc. No.1168 of 2014
Allowed, as prayed for.
Crl. Misc. No. M-1450 of 2014
Learned counsel for the petitioner submits that initially the
Singh Omkar 2014.03.05 12:08 I attest to the accuracy and integrity of this document Chandigarh
CRM No.M-1450 of 2014
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FIR was registered for offences under Sections 323, 324, 341, 148 and 149 IPC and petitioner was arrested and, thereafter, granted bail by the Illaqa Magistrate. During investigation, the police had recovered the weapon, said to have been used by the petitioner in giving an injury on the head of brother of the complainant. Now, the police had added the offences under Sections 325 and 326 IPC to the heading of the FIR and the petitioner is sought to be arrested, once again.
Notice of motion to the Advocate General, Haryana, for 03.3.2014.
In the meantime, the petitioner shall appear before the Investigating Officer on 28.1.2014 at 11.00 AM and join the investigation. In the event of his arrest, he be admitted to interim bail by the Investigating Officer/Arresting Officer to his satisfaction. He shall, however, abide by all the conditions as envisaged by Section 438(2) Cr.P.C.
To be heard along with Crl. Misc. No. M-1228 of 2014.”
Learned State counsel, on instructions from ASI Raj Kumar, would apprise the Court that petitioner has since joined the investigation and that the weapon of offence used in the alleged occurrence already stands recovered.
In the light of the factual position noticed herein above, the present petition is allowed. The order dated 21.01.2014 passed by this Court is made absolute.
Petition disposed of.
March 3, 2014. ‘om’
( TEJINDER SINGH DHINDSA ) JUDGE
Singh Omkar 2014.03.05 12:08 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the petition for anticipatory bail under Section 438 Cr.P.C. should be allowed given that the petitioner is apprehended from being re-arrested after having joined investigation and weapons rec
2 provisions across 1 enactments
Kitaba Singh Omkar
State of Haryana
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
