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Krishan @ Lala vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 2 March 2021 · Citation: (2021) 03 P&H CK 0020

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307, 323, 325, 506 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 12922 Of 2020 (O&M)
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Judgment

18 paragraphs · 342 words

Gurvinder Singh Gill, J

1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No. 93, dated 14.3.2020, Police

Station Bilaspur, District Gurugram, under Sections 323, 325, 506, 34 IPC (Section 307 IPC added later on).

2.

At the time of issuance of notice of motion the following order was passed:

“The learned counsel for the petitioner submits that as per the FIR while the co-accused Dheeraj, who was armed with an 'iron rod', gave blows to

the complainant on his head, the petitioner is alleged to have given blows with 'sticks' on the back of the complainant. It has been submitted that the

MLR, however, falsifies the aforesaid allegations as regards the petitioner inasmuch as no injury was found on the back of the complainant.

Notice of motion for 2.9.2020.

At this stage, Shri Deepak Sabherwal, Additional Advocate General, Haryana to whom an advance copy of the petition has been served,

acceptsnotice on behalf of the State.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction

of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the

Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.â€​

3.

The learned State counsel, upon instructions from ASI Mohd. Zahid, has informed that pursuant to interim directions issued by this Court, the

petitioner has since joined investigation and is not wanted in any other case and that he is not required for any custodial interrogation.

4.

In view of the aforesaid position, the petition is accepted and the interim directions issued by this Court vide order dated 27.5.2020 are hereby made

absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating

Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.