Narender And Others vs State Of Haryana

Gurvinder Singh Gill, J

This order shall dispose of the above mentioned two petitions wherein petitioners Narender, Subhash, Parkash, Sunil Kumar, Manoj Kumar and Manveer, seek grant of anticipatory bail in a case registered vide FIR No. 297, dated 14.10.2021, Police Station Sadar Palwa, District Palwal, Haryana, under Sections 148, 149, 323, 324, 307, 506 of Indian Penal Code and Section 25 of Arms Act, wherein offence under Section 326 IPC was added later on.

At the time of issuance of notice of motion in CRM-M-42323-2022 the following order was passed on 15.9.2022:

“The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.297, dated 14.10.2021, Police Station Sadar Palwa, District Palwal, Haryana, under Sections 148, 149, 323, 324, 307, 506 of Indian Penal Code and Section 25 of Arms Act, wherein offence under Section 326 IPC was added later on.

Learned counsel contends that it is a case of cross-versions, wherein the petitioner himself has sustained an injury. It has further been submitted that although the allegations against the co-accused of the petitioner are to the effect that they had fired at the opposite party, but none of the injury with any firearm was found on any member of the opposite party.

Notice of motion for 14.2.2023.

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.”

Even in the other case i.e. CRM-M-42642-2022, this Court while issuing notice of motion, ordered for grant of interim bail to the petitioners while directing them to join investigation vide order dated 16.9.2022 in the same terms as was passed in CRM-M-42323-2022.

Learned State counsel has submitted that though the petitioners have joined investigation and are not required for custodial interrogation.

Keeping in view the aforestated position wherein the petitioners have joined investigation and are not required for any custodial interrogation, the petitions are accepted and the interim directions issued by this Court vide order dated 15.9.2022 and 16.9.2022 are hereby made absolute subject to the condition that the petitioners 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.

A photocopy of this order be placed on the file of each connected case.