Pardeep Kumar vs State of Haryana

Arvind Singh Sangwan, J.

The petitioner prays for grant of anticipatory bail in FIR No.46 dated 05.03.2018 registered under Sections 148, 149, 323, 324, 326 and 506 IPC at

Police Station Chhappar, District Yamuna Nagar.

The operative part of the order dated 16.07.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

“....In pursuance to the order dated 10.07.2018, Dr.

V.P.S. Dahiya, is present in the Court.

Counsel for the State has filed the affidavit of Civil Surgeon, Yamuna Nagar along with the opinion of the Medical Board regarding injury No.2

sustained by Damyanti Devi. The opinion of the Medical Board is reproduced as under:-

“After perusal of MLR No.VPS/03/18 dated 04 Mar

18, X Ray No.180, report No.180 dated 05 Mar 18, photographs of the injury and the opinion given by the doctor on the application moved by the

police on dated 30 Mar 18, Board of doctors have come to the conclusion that the opinion given by the doctor on application moved by the police that

“The possibility of injury caused by friendly hand cannot be ruled out†is correct, and the nature of injury is grievous as per the X Ray film and

report.

Dr. Anuj Mangla, SMOÂ Â Â Â Â Â Â Â Â Â Â Dr. Sanjeev Kumar, MOÂ Â Â Â Â Â Â Â Â Dr. Sumita, MO

Civil Hospital Jagadhari          Civil Hospital Jagadhari          Civil Hospital, Jagadhariâ€​

In view of the same, the presence of Dr. V.P.S. Dahiya is exempted.

Counsel for the State, on instructions from SI Dharampal, has submitted that petitioner be directed to join the investigation.

List again on 13.11.2018....â€​

Counsel for the petitioner has submitted that, in pursuance to the order dated 16.07.2018, the petitioner has already appeared before the Investigating

Officer and has joined the investigation.

Counsel for the State, on instructions from SI Dharampal assisted with counsel for the complainant, has, however, opposed the prayer for bail on the

ground that the petitioner has not got recovered the gandasi.

In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 16.07.2018 is made absolute subject to the

conditions envisaged under Section 438(2) Cr.P.C. and to the condition that the petitioner will appear before the Investigating Officer and rejoin the

investigation on 24.11.2018 at 10:00 am or on any other date or time fixed by him and co-operate throughout.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner in case he fails to join the investigation as and when

required by the Investigating Officer.