Punjab-Haryana High Court
Pardeep Kumar And Another vs State Of Haryana on 30 November, 2023
277
2023:PHHC:152437
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-49750 of 2023
Date of Decision: November 30, 2023
Pardeep Kumar and another
desees Petitioners
versus
State of Haryana
seve Respondent
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
Present:-
kK
Mr. Ram Karan Agnihotri, Advocate
for the petitioners
Mr. Vikas Bhardwaj, AAG Haryana
36 2 2
Harpreet Singh Brar, J. (Oral)
1.
Prayer in the present petition under Section 438 Cr.P.C. is for grant of
anticipatory bail to the petitioners in case FIR No. 194 dated 08.09.2023 registered
under Sections 323, 325 and 506 IPC at Police Station Babain, District
Kurukshetra.
2.
On 03.10.2023, following order was passed by the Co-ordinate Bench
of this Court:-
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"The present petition has been filed under Section 438 Cr.P.C. for
grant of pre-arrest bail to the petitioners in case FIR No.194 dated
08.09.2023, registered under Sections 323, 325 and 506 IPC at Police
Station Babain, District Kurukshetra.
Learned counsel contends that the petitioners have been falsely
implicated in the case. As a matter of fact, they had received injuries
at the hands of the complainant party and petitioner No.1 received
grievous injuries for which reference is made to the MLR, Annexure
P-2. However, the police has not even registered a DDR regarding
the same. The petitioners at that time were in their own fields and
as such the complainant party was the aggressor. There is a civil
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litigation regarding partition of land which is on going between
petitioners and the complainant-Rajiv Kumar, who are the cousin and
uncle of the petitioners. As per the allegations in the FIR, petitioners
are said to be standing at the spot with a stick, however, no overt act
has been attributed to them. They are not involved in any other case
and are ready and willing to join the investigation as and when
required by the investigating agency and will cooperate.
Notice of motion.
At the asking of the Court, Mr. Jagdish Manchanda, Addl. AG,
Haryana accepts notice on behalf of respondent-State.
Mr. Vivek Goyal, Advocate puts in appearance and accepts
notice on behalf of the complainant.
Adjourned to 30.11.2023.
Meanwhile, the petitioners are directed to join the investigation
on or before 20.10.2023. In the event of their arrest, they shall be
released on interim bail to the satisfaction of the Arresting Officer,
subject to compliance of conditions as enshrined under Section 438(2)
Cr.P.C.
However, it is clarified that if the petitioners does not join and
cooperate with the Investigating Agency as required by the
Arresting/Investigating Officer, this interim order shall be deemed to
have been vacated."
3. Learned State counsel, on instructions from SI Vishal Kumar, states
that pursuant to order dated 03.10.2023, petitioners have joined the investigation
and are no more required for custodial interrogation.
4. In view of the statement of learned State counsel, order dated
03.10.2023 is made absolute. The petitioners shall abide by the terms and
conditions enumerated in Section 438(2) Cr.P.C.
5. Petition stands disposed of.
6. Nothing observed hereinabove shall be construed as expression of
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2023:PHHC: 152437
opinion of this Court on merits of the case and trial court shall proceed without
being prejudiced by observations of this Court.
7. It is made clear that in case the petitioners are found to be involved in
a similar case, the State shall be at liberty to seek cancellation of bail granted to the
petitioners.
(HARPREET SINGH BRAR)
JUDGE
November 30, 2023
FRERG
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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integrity of this order/ judgment
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