Allowed

Tinku v. State of Haryana

Punjab & Haryana HC23 Oct 2024CRM-M/17048/2024

Case brief

AI extract

What is this about?

Three petitioners sought anticipatory bail for offences under Sections 148/149/308/323/506 IPC in FIR No.80 (City Gohana, Sonipat). Having joined investigation and not being required for custodial interrogation, their earlier interim bail orders were confirmed subject to Section 438(2) conditions.

What did the court decide?

Interim anticipatory bail orders made absolute subject to joining investigation and Section 438(2) CrPC conditions.

Tinku Vs State of Haryana — Anticipatory Bail | Punjab & Haryana HC (2024)

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In The High Court for the States of Punjab and Haryana At Chandigarh

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(I) CRM-M-17048-2024 (O&M) Date of Decision:- 23.10.2024 Tinku … Petitioner Versus State of Haryana ... Respondent (II) CRM-M-25514-2024 (O&M) Harshdeep alias Monu Yadav … Petitioner Versus State of Haryana ... Respondent (III) CRM-M-20599-2024 (O&M) Sahib Khan … Petitioner Versus State of Haryana ... Respondent

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CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Virender Soni, Advocate, for the petitioner in CRM-M-17048-2024.

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Mr. Shalender Mohan and Mr. Purshotam, Advocates,

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MOHAN SINGH 2024.10.23 18:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M Nos.17048, 25514 & 20599 of 2024 (O&M) - 2 -

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for the petitioner in CRM-M-25514-2024.

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Mr. Sajan Singla, Advocate for Mr. Parveen Dahiya, Advocate, for the petitioner in CRM-M-20599-2024.

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Mr. Munish Sharma, DAG, Haryana, assisted by ASI Diwan.

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FIR NO.	DATE	POLICE STATION	OFFENCES
80	12.03.2024	City Gohana, District Sonipat	148, 149, 308, 323, 506 IPC

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GURVINDER SINGH GILL, J . (Oral)

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This order shall dispose of the above mentioned three petitions wherein petitioners Tinku, Harshdeep alias Monu Yadav and Sahib Khan, seek grant of anticipatory bail in respect of aforementioned FIR.

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At the time of issuance of interim bail in CRM-M-17048-2024 the following order was passed on 16.04.2024:

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“Prayer is for grant of anticipatory bail to the petitioner in criminal case having FIR No.80 dated 12.3.2024 registered under Sections 148, 308, 323, 506, 149 IPC at Police Station City Gohana, District Sonipat.

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In compliance of the previous order, State counsel on instructions from ASI Brij Pal apprised the Court that at the time of the occurrence, the complainant and other two persons sustained injuries at the hands of the accused persons including the petitioners. However, the State counsel has not disputed the fact that all the injuries were caused with blunt weapon and only

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MOHAN SINGH 2024.10.23 18:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M Nos.17048, 25514 & 20599 of 2024 (O&M) - 3 -

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one injury that too on elbow of injured-Naveen was found to be grievous in nature. State counsel further submits that final opinion with regard to other injuries is still awaited.

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Counsel appearing on behalf of the petitioners submits that the petitioner is falsely implicated in the present case and even otherwise, injuries except one which was caused on elbow of Naveen were found to be simple in nature.

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Now be listed on 26.7.2024.

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In view of above, the petitioner is hereby directed to join the investigation with the police and in case of arrest, he is to be released on interim bail by the investigating officer/arresting officer to his own satisfaction till the next date fixed in this case. The petitioner is also to abide by the conditions envisaged under Section 438 (2) of Cr.P.C.”

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Even in CRM-M-25514-2024 and CRM-M-20599-2024 the petitioners have been granted interim bail vide orders dated 20.05.2024 and 26.04.2024 respectively.

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Learned State counsel has submitted that all the petitioners have joined investigation and that none of them is required for any custodial interrogation.

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In view of the aforestated position wherein the petitioners have joined investigation and they are not stated to be required for any custodial interrogation, the petitions are accepted and the interim directions issued by this Court vide order dated 16.04.2024 in CRMM-17048-2024, 20.05.2024 in CRM-M-25514-2024 and 26.04.2024 in CRM-M-20599-2024 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when

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MOHAN SINGH 2024.10.23 18:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CRM-M Nos.17048, 25514 & 20599 of 2024 (O&M) - 4 -

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called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

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A photocopy of this order be placed on the file of each connected cases.

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23.10.2024 ( GURVINDER SINGH GILL) mohan JUDGE

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Whether speaking /reasoned Yes / No

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Whether Reportable Yes / No

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MOHAN SINGH 2024.10.23 18:20 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

Tinku v. State of Haryana

Case brief

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Tinku v. State of Haryana

Case brief

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What did the court decide?

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