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JAGDISH & ORS versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Jagdish & Ors v. State of Haryana - CRM-54016-m-2006 [2006] RD-P&H 9018 (23 October 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl.Misc.No.54016 -M of 2006

DATE OF DECISION: OCTOBER 26, 2006

Jagdish and others

...PETITIONERS

VERSUS

State of Haryana

...RESPONDENT

CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
Present: Mr.R.S.Tacoria, Advocate,

for the petitioners.

Mr.M.S.Sindhu,DAG, Haryana.

Mr.Ramesh Chahal, Advocate,

for the complainant.

...

The petitioners apprehending their arrest in a non-bailable offence in case FIR No.399 dated 23.7.2006 registered under Sections 148/149/323/324/326/506/427/447/511 IPC at Police Station City Kaithal, have filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail.

I have heard the counsel for the parties and gone through the contents of the FIR.

In a cross-version case, both the sides suffered injuries. In this case petitioner No.5, namely, Suresh son of Santu is alleged to have caused injury which falls under Section 326 IPC and he has not received any injury in the alleged occurrence. Keeping in view the nature of injury caused by petitioner No.5, I am not inclined to confirm the order dated September 7, 2006 passed by this Court vide which interim anticipatory bail was granted to the said petitioner. Hence, this petition is dismissed qua petitioner No.5.

As regards the other petitioners, i.e. petitioners No.1 to 4,6 and 7, who have been attributed simple injuries and who also received injuries in the alleged occurrence and on instructions from ASI Atma Ram, it has been submitted by the State counsel that in terms of the interim anticipatory bail order dated September 7, 2006, they have joined the investigation, the same is made absolute qua them.

This bail order shall remain in operation till the investigation culminates into filing of challan under Section 173 Cr.P.C. except for material change in the circumstances. Thereafter, petitioners No.1 to 4,6 and 7 shall be entitled to the grant of regular bail by the trial Court and the same shall further continue till conclusion of the trial on the conditions to be imposed by the court of competent jurisdiction.

Disposed of accordingly.

October 26, 2006 (SATISH KUMAR MITTAL)

vkg JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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