Ibrahim Ali vs State of Haryana

Alok Singh, J.—Learned Counsel for the Petitioner states that earlier Petitioner was on bail vide order dated 31.8.2010 passed by SDJM, Kosli, District Rewari for an offence punishable under Sections 323, 325/34 IPC. However, during the investigation later on offence u/s 307 IPC was also added against the Petitioner. Learned Counsel has further stated that for an offence u/s 307 IPC, minimum punishment awarded is not life imprisonment or death penalty rather life imprisonment is the maximum punishment which can be awarded for an offence u/s 307 IPC. Learned Counsel has further stated that ratio of judgment of Hon''ble Apex Court in the matter of Prahlad Singh Bhati Vs. N.C.T. Delhi and Another, is applicable only when newly added offence is punishable with minimum life imprisonment or death. He has further stated that in view of the judgment passed by this Court in the matter of Sonu @ Rinku @ Lambu v. State of Punjab decided on 24.02.2011, Petitioner shall be allowed to continue on the same bail on furnishing fresh bail bonds and surety bonds for the newly added Section 307 IPC.

Learned Counsel for the Petitioner states that he may be permitted to withdraw this petition with liberty to move appropriate application before learned Magistrate in the light of judgment passed by this Court in the matter of Sonu @ Rinku @ Lambu (supra).

Petition is dismissed as withdrawn with aforesaid liberty.