On an application for anticipatory bail filed by Patasho Devi in a complaint alleging poisoning, this Court examined the facts and the petitioner's participation in the investigation before granting the sought remedy of bail.
Interim bail granted as per conditions of Section 438(2)(i), (ii) and (iii) of CrPC.
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Crl. Misc. No. M-23882 of 2016
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-23882 of 2016 Date of Decision: 24.10.2016
Patasho Devi ......Petitioner
Versus
State of Haryana .....Respondent
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Sudhir Rana, Advocate for the petitioner.
Mr. Apoorv Garg, DAG, Haryana.
ANITA CHAUDHRY, J (ORAL)
Through the instant petition, the petitioner is seeking anticipatory bail in case FIR No. 115 dated 27.5.2016, registered under Sections 498-A, 328, 377, 34 IPC, Police Station Sadar Narwana, District Jind.
FSL report has been received which was negative for common poison. The allegations levelled by the complainant were that she had been administered some poisonous material.
Counsel for the petitioner states that pursuant to the order dated 9.8.2016, passed by this Court, the petitioner has joined the investigation.
State counsel states that the petitioner has joined the investigation.
Looking to the circumstances, but without commenting on the Gurpreet Singh Bhatia 2016.10.24 16:18 I attest to the accuracy andmerits of the case, the petition is allowed and order dated 9.8.2016 granting authenticity of this document High Court Chandigarh
Crl. Misc. No. M-23882 of 2016
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interim bail to the petitioner is made absolute subject to the conditions laid down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of the Code of
Criminal Procedure.
(ANITA CHAUDHRY) JUDGE October 24, 2016 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No
Gurpreet Singh Bhatia 2016.10.24 16:18 I attest to the accuracy and authenticity of this document High Court Chandigarh
3 issues framed by the court
Whether anticipatory bail should be granted antecedent to the finalisation of documents incorporating the mechanic withdrawal of bail application.
Whether the petition for anticipatory bail under Section 438 CrPC should be allowed in the case outlined in the petition.
Whether the conditions in Clause (i)(ii) and (iii) of Section 438(2) CrPC should be applied for interim bail.
1 provisions across 1 enactments
Patasho Devi
State of Haryana
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
