Bijender and Others vs State of Haryana

Sabina, J.—This petition has been filed u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 49 dated 8.4.2010, under Sections 323, 324, 326, 148, 149, 506 of the Indian Penal Code (IPC for short) registered at Police Station Rori.

While issuing notice of motion, the following order was passed by this Court on 11.5.2010:

Learned Counsel for the petitioners has submitted that it was a case of version and cross-version although no cross case has been registered by the police so far. Simple injuries are attributed to the petitioners.

Notice of motion for 27.7.2010.

In the meantime, in the event of arrest, the petitioners be admitted to interim bail subject to the satisfaction of the Arresting Officer. They shall abide by the conditions envisaged u/s 438(2) of the Code of Criminal Procedure.

Learned State counsel, on instructions from ASI Nafe Singh, has submitted that the petitioners have joined investigation in terms of the order reproduced above.

In the present case, although the case of the petitioners is that in the alleged occurrence, Jamba Singh and Sukhdev Singh had also suffered injuries but no cross-version was registered by the police. The private complaint has been filed by the petitioners'' side qua the injuries suffered by petitioners Jamba Singh and Sukhdev Singh. The injury attracting offence u/s IPC is on the finger of right hand of Mander Singh and the said injury is attributed to co-accused- Boota Singh. The petitioners are attributed simple injuries. In these circumstances, it would be just and expedient to confirm the interim bail granted by this Court 326as the petitioners have joined investigation.

Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 11.5.2010 is made absolute.