High Courts

Mange Ram vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 22 September 2010 · Citation: (2011) 5 RCR(Criminal) 45

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 332, 34, 353, 506
CASE NUMBER
Criminal Miscellaneous No. M-23159 of 2010(O&M)
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Judgment

11 paragraphs · 321 words

Ram Chand Gupta, J.(Oral)

1.

The present petition has been filed for anticipatory, bail under Section 438 of Code of Criminal Procedure in FIR No.605 dated 26.07.2010 under Sections 332/353/506/34 IPC, registered at Police Station city Sadar, District Hisar.

2.

I have heard learned counsel for the parties and have gone through the whole record.

3.

This Court while issuing notice of motion on 12.08.2010 passed the following order:

� Argues that all the offences except offence under Section 506 IPC are bailable one. Further argues that both the petitioners including other villagers had filed complaint against the complainant Patwari to the Deputy Commissioner and as a counterblast, the present FIR has been lodged by him against the petitioners. Further contends that it is a case of no injury.

Notice of motion for 6.9.2010.

However, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.�

4.

It has been stated by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 12.08.2010.

5.

It has also been stated by learned counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation.

6.

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.

7.

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 Mange Ram and Satish Kumar is accepted and order dated 12.08.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.