Sukhpreet @ Kaka vs State of Haryana

The petitioner is seeking anticipatory bail in FIR

No.273 dated 26.10.2016 under Sections 147 / 148 / 149 / 285 / 427 /

447 IPC and Sections 25 / 27 of Arms Act, registered at Police

Station Sadar Sirsa.

Learned counsel for the petitioner contends that

allegations against the petitioner are that he along with others,

being armed with dandas and lathis went to the fields of Sewak

Singh and had damaged the room and tubewell. He further

contends that all the afore-noted offences are bailable, except

offence under the Arms Act, which is attributable to co-accused

Sandeep Kumar and Rakesh Kumar, who are alleged to have

fired a shot each from their pistols at the complainant which did

not actually hit the complainant. He further contends that the

aforesaid land had in fact been sold by the father of Sewak Singh

to Sandeep Kumar. There was disagreement regarding execution

of the agreement to sell but the suit for specific performance was

decreed by the First Appellate Court in favour of Sandeep

Kumar. A copy of order of Additional District Judge is annexed as

Annexure P-2 (colly).

This Court, by the order dated 26.10.2017, had

directed the petitioner to join investigation and in the event of his

arrest, he was ordered to be released on ad-interim bail to the

satisfaction of Arresting/Investigating Officer, subject to the

conditions envisaged under Section 438(2) Cr.P.C.

Learned State counsel, upon instructions from HC

Hanuman Singh, states that in pursuance to the order dated

26.10.2017, the petitioner has joined investigation and is not

required for custodial interrogation.

In view of the above and without expressing any

opinion on the merits of case, the order dated 26.10.2017,

granting ad-interim bail to the petitioner, is hereby made

absolute. However, the petitioner shall abide by the conditions

envisaged under Section 438(2) Cr.P.C.

The petition stands disposed of accordingly.