High CourtsSingle Bench

Hussain Ali And Anr vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 March 2021 · Citation: (2021) 03 P&H CK 0019

HON’BLE JUDGES
Anupinder Singh Grewal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 148, 149, 307, 323, 506 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 3283 Of 2021
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Judgment

17 paragraphs · 283 words

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioners are seeking anticipatory bail in FIR No. 443 dated 19.10.2020, under Sections 148, 149, 323, 506 and 307 read with Section 34 of the

Indian Penal Code, 1860 (‘IPC’ - for short) (later on Sections 148 and 149 IPC were omitted and Sections 307 and 34 IPC were added),

registered at Police Station Indri, District Karnal.

Learned counsel for the petitioners contends that the petitioners had earlier been granted regular bail and later offence under Section 307 IPC was

added. He also contends that the injuries for which offence under Section 307 IPC has been invoked are attributed to co-accused Gul Mohammad,

who is alleged to have given a ‘gandasi’ blow on the head of the complainant. He also contends that the incident was the result of a sudden

altercation between the residents of the same village and the matter has been compromised with the intervention of the respectables.

This Court, by the order dated 25.01.2021, had directed the petitioners to appear before the Investigating Officer and join the investigation and in the

event of their arrest, they were to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions

envisaged under Section 438(2) Cr.P.C.

Learned State counsel, upon instructions from ASI Balraj Singh, states that the petitioners have joined the investigation.

In view of the above and the petitioners having joined investigation, the order dated 25.01.2021 granting interim bail to the petitioners is made absolute.

However, the petitioners shall abide by the conditions stipulated under Section 438(2) Cr.P.C. They shall also join investigation as and when called

upon to do so.

The petition stands disposed of.