High CourtsSingle Bench

Chanan Dass and Others vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 13 September 2012 · Citation: (2012) 09 P&H CK 0079

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438, 438(2) · Penal Code, 1860 (IPC) — Section 323, 420, 427 · Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3
CASE NUMBER
Criminal Miscellaneous No. M-18820 of 2012 (O and M)
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Judgment

9 paragraphs · 327 words

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 279 dated 15.06.2012 under Sections 323, 427, 420 of Indian Penal Code and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, registered at Police Station City Fatehabad, District Fatehabad. I have heard Learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned Sessions Judge, Fatehabad dismissing anticipatory bail application filed on behalf of the petitioners.

2.

this Court passed the following order on 17.07.2012:-

Heard.

It has been stated by Learned Counsel for respondent-State that petitioners be directed to join the investigation.

Petitioners are directed to join the investigation and in case of their arrest, they shall be released on interim bail to the satisfaction of the arresting officer subject to compliance of conditions specified u/s 438(2) Cr. P.C. Adjourned to 17.08.2012.

3.

It has been contended by Learned Counsel for the petitioners that they have already joined the investigation pursuant to said order dated 17.07.2012.

4.

It has also been stated by Learned Counsel for the State on the instructions from SI Raj Kumar that petitioners have joined the investigation and that they are no more required for any custodial interrogation. Bail application is not opposed.

5.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

6.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of petitioners Chanan Dass, Nilam Rani and Devid is accepted and order dated 17.07.2012 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr. P.C. The present petition stands disposed of accordingly.