Allowed

Sattu and Anr. v. State of Haryana

Punjab & Haryana HC11 Sept 2015CRM-M/14977/2015

Case brief

AI extract

What is this about?

The court converted interim anticipatory bail granted to Sattu @ Satpal to regular bail upon compliance with surrender terms. Simultaneously, it granted bail to co-petitioner Nepal, deeming custody a travesty of justice, until the challan is submitted.

What did the court decide?

Interim bail of Sattu @ Satpal made absolute; petitioner Nepal released on bail on satisfaction of arrest officer until challan submission.

Sattu and Anr. Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2015)

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Date of decision: 11^th September, 2015

Sattu and another

� Petitioners

Versus

State of Haryana

� Respondent

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Whether Reporters of Local Newspapers may be allowed to see the judgment?

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Whether to be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Present: Mr. Sarfraj Hussain, Advocate for the petitioners.

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Mr. Munish Sharma, Asstt. Advocate General, Haryana.

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Mr. Satish Chaudhary, Advocate for the complainant.

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Report dated 04.09.2015 by the Board of Doctors constituted by PGIMS, Rohtak has been received which after examining the patient Dhani Ram has given opinion that the injury on the spinal area is grievous in nature and nothing is reflected therein that the patient has become paraplegic. Let arguments be heard.

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Allegations against the petitioners Sattu @ Satpal and Nepal in this petition filed under Section 438 Cr.P.C. seeking grant of anticipatory bail in case FIR No.145 dated 15.04.2015 registered at Police Station Tauru, District Mewat under Sections 148/149/323/324/341/506/285 IPC are that on 15.04.2015 petitioner

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RATTAN PAL SINGH 2015.09.11 16:43 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

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Sattu @ Satpal armed with a 12 bore gun fired in the air without causing any injury whereas petitioner Nepal armed with a lathi (stick) had caused injuries to Dhani Ram, Budh Ram, Sandeep, Balram and Bisram.

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It is contended on behalf of the petitioners by Mr. Sarfraj Hussain, Advocate that all the injuries except on the spinal area of Dhani Ram are simple in nature and that the injury attributed to the petitioners in the FIR do not assign any role qua injuries of Dhani Ram.

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Vide order dated 08.06.2015, petitioner No.1 was granted interim bail to the satisfaction of the Investigating/Arresting Officer.

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Mr. Sarfraj Hussain representing the petitioners submits that in compliance of the orders of this Court petitioner No.1 Sattu @ Satpal has joined the investigations on 11.06.2015 which fact is not controverted on behalf of the other side and in view thereof, the interim bail granted to petitioner No.1 Sattu @ Satpal vide order dated 08.06.2015 is made absolute on the same terms and conditions till submission of report under Section 173 Cr.P.C. (challan). Thereafter, he will be permitted to furnish regular bail bonds to the satisfaction of the trial Court.

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As regards petitioner No.2 Nepal, though Mr. Munish Sharma, Asstt. Advocate General, Haryana representing the State on instructions from SI Vijay Anand, PS Tauru, District Mewat, assisted by the complainant’s counsel Mr. Satiksh Chaudhary, Advocate have sought to oppose the grant of bail but in the totality of circumstances,

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RATTAN PAL SINGH 2015.09.11 16:43 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

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sending him in custody would be a travesty of justice, in view of which, in the event of arrest, petitioner No.2 Nepal is ordered to be released on bail to the satisfaction of the Arresting Officer till submission of report under Section 173 Cr.P.C. (challan). He shall continue to join investigation and shall furnish an undertaking that he shall abide by the conditions specified under Section 438 (2) Cr.P.C. Thereafter, he will be permitted to furnish regular bail bonds to the satisfaction of the trial Court.

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With these observations, the present petition stands disposed off.

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RATTAN PAL SINGH 2015.09.11 16:43 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

Sattu and Anr. v. State of Haryana

Case brief

What is this about?

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Sattu and Anr. v. State of Haryana

Case brief

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