Parveen Kumar vs State of Haryana and another

Ram Chand Gupta, J.—The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 331 dated 28.10.2011, under Sections 323/386/307/506/34 IPC and Section 25 of Arms Act, 1959, registered at police station Hodal, District Palwal. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Palwal dismissing anticipatory bail application filed on behalf of the petitioner.

Coordinate Bench of this Court while issuing notice of motion on 24.01.2012 passed the following order:

Learned counsel has submitted that injury attributed to the petitioner with danda, having been caused to the complainant (Dinesh Divedi) is simple in nature. Moreover, the parties have compromised the matter, vide compromise deed (Annexure P-1).

Heard.

Issue notice as contemplated u/s 438(1-A) Cr.P.C. to the respondent, returnable for 14.03.2012.

Meanwhile, it is directed that in the event of arrest of the petitioner, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs. 20,000/ - to his satisfaction. However, the petitioner is directed to join the investigation before the next date of hearing.

It has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 24.01.2012.

It has also been stated by learned counsel for the State, on instruction from HC Shakti Singh, that petitioner has joined the investigation and that he is no more required for any custodial interrogation.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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 Parveen Kumar is accepted and order dated 24.01.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C. The present petition stands disposed of accordingly.