High CourtsSingle Bench

Kailash vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 17 December 2020 · Citation: (2020) 12 P&H CK 0316

HON’BLE JUDGES
Harnaresh Singh Gill, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 114, 147, 148, 149, 323, 324, 326, 341, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 37116 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

22 paragraphs · 368 words

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing.

Through the instant petition under Section 438 Cr.P.C., the petitioner seeks anticipatory bail in case bearing FIR No.569 dated 24.09.2020 registered

under Sections 114, 147, 148, 149, 323, 324, 341, 506 IPC and Section 326 IPC added later on, at Police Station City Sirsa, District Sirsa.

This Court, on 11.11.2020, passed the following order:

“Case is taken up for hearing through video conferencing.

Through the instant petition under Section 438 Cr.P.C., the petitioner seeks anticipatory bail in case bearing FIR No. 569 dated 24.09.2020 registered

under Sections 114, 147, 148, 149, 323, 324, 341, 506 IPC and Section 326 IPC added later on, at Police Station City Sirsa, District Sirsa.

Learned counsel for the petitioner states that although the only allegation against the petitioner is that she has instigated Vicky Boxer to cause injuries

to the complainant yet no injury has has been attributed to her. As far as, FIR 554 dated 18.09.2020 is concerned, she has not been named therein.

Notice of motion.

On the asking of this Court, Mr. Apoorv Garg, DAG Haryana, accepts notice on behalf of the respondent-State.

At this stage, Mr. S.K. Verma, Advocate, appears for the complainant and submits that the petitioner is the mother of Vicky Boxer and all these

persons are involved in criminal activities.

Adjourned to 17.12.2020.

Meanwhile, the petitioner is directed to join the investigation and if she is sought to be arrested, she shall be released on interim bail to the satisfaction

of Investigating Officer/Arresting Officer subject to the conditions as envisaged in Section 438 (2) of the Code of Criminal Procedure.â€​

Learned counsel for the petitioner submits that pursuant to the order dated 11.11.2020 passed by this Court, the petitioner has joined the investigation.

Learned State counsel, on instructions from ASI Mukesh Kumar, submits that the petitioner has joined the investigation and is now not required for

any further investigation.

In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 11.11.2020 granting interim bail

to the petitioner, is made absolute, subject to the conditions laid down in Section 438 (2) Cr.P.C.