(2020) Law Today Live Doc. Id. 15715
Decided on: 11.12.2020
Present:
Mr. Sushil Sheoran, Advocate for the petitioners.
Mr. Deepak Bhardwaj, DAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Section 148, 149, 323, 307, 325, 341, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail -- Petitioner has given a Jaily blow on the leg of victim, which is declared to be a simple injury and the injury, invoking Section 307 IPC, is attributed to co-accused, who was having an axe -- Petitioner was ordered to be released on interim bail and direction given to join the investigation -- Petitioner has joined the investigation and no more required for further investigation in the case – Interim order made absolute.
(Para 4-7)
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RAJ MOHAN SINGH, J. (ORAL) –
1. The case has been taken up for hearing through video conferencing.
2. The petitioner seeks grant of anticipatory bail in case bearing FIR No.106 dated 23.05.2020 registered under Sections 148, 149, 323, 341, 506 IPC (Sections 325, 307 IPC added later on) at Police Station Jhojhu Kalan, District Charkhi Dadri.
3. Petitioner has attributed a jaily blow on the leg of the victim. The injury was declared to be simple in nature.
4. On 09.10.2020, following order was passed:-
“Learned counsel for the petitioner submits that initially the FIR was not registered under Sections 325 and 307 of the IPC and the same were added later on.
Learned counsel for the petitioner further submits that as per the allegation in the FIR, the petitioner has given a Jaily blow on the leg of victim, which is declared to be a simple injury and the injury, invoking Section 307 IPC, is attributed to co-accused Anup, who was having an axe.
Learned counsel for the petitioner further submits that one of the co-accused, namely Rajesh Kumar, has already been granted concession of interim anticipatory bail by this Court, vide order dated 09.09.2020 passed in CRM-M-26852-2020.
Notice of motion for 11.12.2020.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.”
5. Learned counsel for the petitioner submits that in compliance of aforesaid order, petitioner has joined the investigation.
6. Learned State counsel on instructions from SI Virender Singh admits the aforesaid fact and states that the petitioner is no more required for further investigation in the case.
7. In view of above, order dated 09.10.2020 is made absolute. However, petitioner is directed to join the investigation as and when required to do by the Investigating Officer and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
Order accordingly.
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