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Pawender Partap Singh and anr. Vs. State of Haryana - Court Judgment

SooperKanoon Citation
CourtPunjab and Haryana High Court
Decided On
AppellantPawender Partap Singh and anr.
RespondentState of Haryana
Excerpt:
.....out of fir no.446, dated 09.11.2013, registered at police station, dharuhera, district rewari. learned counsel contends that the petitioners were not named in the fir and the aggrieved person, namely, nepal singh had stated to the police at kotputli that he was not kidnapped by any body and was proceedings towards kotputli on his own. he further contends that in compliance of the order dated 31.12.2013 passed by this court, the petitioners have joined the investigation and are no more required for investigation by the investigating agency. learned counsel for the state, on instructions from asi jai sharma seema 2014.02.19 10:08 i attest to the accuracy and integrity of this document chandigarh criminal misc.no.m-44299 of 2013 {2} charan, police station, dharuhera, district rewari,.....
Judgment:

Criminal Misc.No.M-44299 of 2013 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-44299 of 2013 Date of Decision: 18th February, 2014 Pawender Partap Singh & Anr.Petitioners Versus State of Haryana .Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.H.N.S.Gill, Advocate, for the petitioneRs.Mr.Nitin Kaushal, AAG, Haryana.

Mr.Nipun Vashist, Advocate, for the complainant.

*** Naresh Kumar Sanghi, J.

Prayer in this petition is for grant of anticipatory bail to petitioneRs.Pawender Partap Singh and Kesar Singh who have been booked for having committed the offence punishable under Section 365, IPC, in a case arising out of FIR No.446, dated 09.11.2013, registered at Police Station, Dharuhera, District Rewari.

Learned counsel contends that the petitioners were not named in the FIR and the aggrieved person, namely, Nepal Singh had stated to the police at Kotputli that he was not kidnapped by any body and was proceedings towards Kotputli on his own.

He further contends that in compliance of the order dated 31.12.2013 passed by this Court, the petitioners have joined the investigation and are no more required for investigation by the Investigating Agency.

Learned counsel for the State, on instructions from ASI Jai Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-44299 of 2013 {2} Charan, Police Station, Dharuhera, District Rewari, very fairly concedes that in consonance with the order dated 31.12.2013, the petitioners did join the investigation and their custodial interrogation is not required in the present case.

Learned counsel for the complainant though opposed the grant of anticipatory bail to the petitioners but could not justify his stand.

After hearing rival contentions of the learned counsel for the parties, this Court is of the firm view that the present petition deserves acceptance and the same is hereby accepted.

Resultantly, the interim directions issued by this Court vide order dated 31.12.2013 are made absolute.

The petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down in Section 438(2).Cr.P.C.February 18, 2014 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.M-44299 of 2013 {3} Sharma Seema 2014.02.19 10:08 I attest to the accuracy and integrity of this document Chandigarh


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