Akhtar vs State of Haryana

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 438 Code of Criminal Procedure seeking pre-arrest bail to the Petitioner in case FIR No. 463 dated 12.09.2010 registered at Police Station Nuh under Sections 148/149/323/307 IPC and Section 25/54/59 of the Arms Act, 1959.

A Coordinate Bench, on January 05, 2011, had passed the following order:

Learned Counsel for the Petitioner submits that in the incident that occurred on 11.9.2010, the Petitioner along with others allegedly abused the complainant. It is submitted that the co-accused of the Petitioner namely Waheed and Noordin who are alleged to have pelted stones on the complainant Yusuf have been granted interim/pre-arrest bail vide order dated 16.12.2010 (Annexure P-3).

Notice of motion for 12.1.2011.

To be listed with CRM No.M-36887 of 2010.

In the meantime, in the event of arrest, the Petitioner shall be admitted to interim bail on his furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. The Petitioner shall, however, join investigation as and when called and shall abide by the conditions of Section 438(2) Code of Criminal Procedure.

Counsel for the State, on instructions from Shish Ram ASI, Police Station Nuh, has stated that in pursuance of the order reproduced above, Petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.

In view of the statement made by Counsel for the State, order dated January 05, 2011 passed by a Coordinate Bench, whereby interim bail was granted to the Petitioner, is hereby affirmed and the present petition stands disposed of accordingly.