Jeevan vs State Of Haryana
2024 Latest Caselaw 5948 P&H

Punjab-Haryana High Court

Jeevan vs State Of Haryana on 15 March, 2024

SANDEEP SETHI
2024.03.23 12:50

2024:PHHC:037398
CRM-M-13312-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
(103)
CRM-M-13312-2024
Date of Decision:-15.03.2024
Jeevan
beeeee Petitioner
Versus
State of Haryana
beeeee Respondent
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. Karan Singh, Advocate for the petitioner.
Mr. Brijesh Sharma, AAG, Haryana.
3k 6 2 ie
ALOK JAIN, J. (Oral)

1. The present petition is for grant of anticipatory bail to the

petitioner in case FIR No.402 dated 18.12.2023, under Sections 148, 149, 201, 323 and 506 of IPC (Section 307 of IPC added later on), registered at Police Station Sadar Kaithal, District Kaithal.

2. Learned counsel for the petitioner submits that no role was attributed to the petitioner in the present FIR and it was only later on that Section 307 of IPC has been added. He further submits that the petitioner has cleared the Common Eligibility Test of the Haryana Staff Selection Commission and is a young boy whose future is at peril. He has also argued that in fact the victim is a patient of Asthama and the decrease in air entry and tenderness in his chest could be on that account the co-morbidity.

He further submits that all other accused have been granted the concession

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SANDEEP SETHI 2024.03.23 12:50

2024:PHHC:037398 CRM-M-13312-2024

of anticipatory bail except the petitioner.

3. Per contra, learned State counsel has vehemently opposed the grant of concession to the petitioner as Section 307 of IPC has been added only after the medical report and the petitioner had hit the victim with a brick on his chest. It is also submitted that the victim is to be operated upon and the injury has been declared dangerous to life.

4. After hearing learned counsel for the parties, I do not find any ground to grant the extraordinary concession of anticipatory bail to the petitioner as Section 307 of IPC has been added after following the due process of law and on specific medical report after examination was

conducted qua the victim.

5. In light of the above, the present petition is dismissed. (ALOK JAIN) JUDGE March 15, 2024.

Sandeep

Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

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