Saroj And Another vs State Of Haryana

Harsimran Singh Sethi, J

Petitioners are seeking anticipatory bail in FIR No.120 dated 15.04.2020 under Sections 148, 149, 323, 506, 307 of IPC and Sections 25/27 of Arms Act, 1959 (Sections 148, 149, 307 IPC and Section 27 of Arms Act added later on), registered at Police Station IMT, Rohtak, Haryana.

Learned counsel for the petitioners contends that the petitioners have joined investigation in terms of order passed by this Court on 18.05.2020. Order dated 18.05.2020 is as under:-

"Petitioners-Saroj and Deepak have filed the present petition inter alia with a prayer to grant them anticipatory bail in case FIR No.120 dated 15.04.2020 under Sections 148, 149, 323, 506, 307 of India Penal Code and Section 25/27 of Arms Act, 1959 (Section 148, 149, 307 IPC and Section 27 Act added later on), registered at Police Station IMT, Rohtak, Haryana.

Learned counsel for the petitioners submits that one co-accused, namely, Krishan who was initially arrested has been released on bail.

Notice of motion.

On asking of the Court, Mr. Anmol Malik, Deputy AG, Haryana, accepts notice on behalf of the respondent-State and Mr. Virender Soni, Advocate, puts his appearance on behalf of the complainant.

Learned counsel for the complainant submits that two persons from the complainant party remained hospitalized for 11 days. He submits that they were further advised surgeries. He further submits that Section 307 IPC was added later.

In the peculiar circumstances, this Court deems it appropriate to direct the petitioners to deposit Rs.25,000/- each in the bank account of the complainant or hand over a cheque/demand draft to the Investigating Officer in the name of the complainant towards medical expenses.

Adjourned to 29.07.2020.

Meanwhile, in the event of arrest, the petitioners shall be released on interim bail subject to their furnishing bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

Learned State counsel, who has also joined the proceedings through video conference, on instructions from S.I. Rattan Singh states that in terms of the order of this Court reproduced before, the petitioners have joined the investigation and no further interrogation is required at this stage.

In view of the above, the order dated 18.05.2020 granting interim bail to the petitioners is made absolute.

However, the petitioners shall abide by the conditions stipulated under Section 438(2) Cr.P.C. They shall also join investigation as and when called upon to do so.

In case at any given point of time hereinafter, it is felt by the Investigating Agency that petitioners are required for the investigation but are not co-operating, it will be at liberty to approach this Court for passing an appropriate orders.

The petition stands disposed of.