Present: Mr.Sunil Saharan Advocate Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126288
CourtPunjab and Haryana High Court
Decided OnFeb-10-2014
AppellantPresent: Mr.Sunil Saharan Advocate
RespondentState of Haryana
Excerpt:
crm-m-38968 of 2013 1 in the punjab & haryana high court at chandigarh crm-m-38968 of 2013 date of decision : 10.02.2014 sunil kumar and another ..petitioners versus state of haryana ..respondent coram: hon'ble mrs.justice rekha mittal present: mr.sunil saharan, advocate for the petitioners.rekha mittal, j.(oral) mr.anupam sharma, aag, haryana has put in appearance on behalf of the respondent. counsel for the petitioners states that dinesh kumar petitoiner has already joined investigation in compliance with interim bail granted by this court. counsel for the petitioners further submitted that role attributed to the petitioner sunil kumar is similar to that of dinesh kumar. sunil kumar and dinesh kumar are not named in the fir and in the fir, ramesh, uncle of sunil kumar and dinesh kumar, was stated to be one of the accused but later dinesh kumar and sunil kumar have also been impleaded with an intention to array maximum number of their family members as accused. it is further submitted that as per allegations in view of the statement recorded during investigation, sunil kumar, ramesh and dinesh kumar gave danda blows to raj karan but as per medical davinder kumar 2014.02.13 13:03 i attest to the accuracy and integrity of this document crm-m-38968 of 2013 2 examination of raj karan, he sustained only one injury on his head. raj karan has already been discharged from the hospital and the petitioners are ready to face trial in accordance with law. without meaning to express any opinion on the merits of the controversy, the interim bail granted to dinesh kumar petitioner is made absolute and he would abide by the conditions laid down in order dated november 26, 2013. however, sunil kumar petitioner is directed to join investigation within 7 days and on his appearance before the investigating/arresting officer, he will be released on bail on his furnishing bail bonds to the satisfaction of the concerned officer, subject to the following conditions:- i) he shall make himself available for interrogation by a police officer as and when required; (ii) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer; and (iii) he shall not leave india without the previous permission of the court. in case, sunil kumar petitioner fails to join investigation within 7 days, the petition shall be deemed to have been dismissed. (rekha mittal) judge february 10, 2014. davinder kumar davinder kumar 2014.02.13 13:03 i attest to the accuracy and integrity of this document
Judgment:

CRM-M-38968 of 2013 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-38968 of 2013 Date of decision : 10.02.2014 Sunil Kumar and another ..Petitioners Versus State of Haryana ..Respondent CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.Sunil Saharan, Advocate for the petitioneRs.REKHA MITTAL, J.(ORAL) Mr.Anupam Sharma, AAG, Haryana has put in appearance on behalf of the respondent.

Counsel for the petitioners states that Dinesh Kumar petitoiner has already joined investigation in compliance with interim bail granted by this Court.

Counsel for the petitioners further submitted that role attributed to the petitioner Sunil Kumar is similar to that of Dinesh Kumar.

Sunil Kumar and Dinesh Kumar are not named in the FIR and in the FIR, Ramesh, uncle of Sunil Kumar and Dinesh Kumar, was stated to be one of the accused but later Dinesh Kumar and Sunil Kumar have also been impleaded with an intention to array maximum number of their family members as accused.

It is further submitted that as per allegations in view of the statement recorded during investigation, Sunil Kumar, Ramesh and Dinesh Kumar gave danda blows to Raj Karan but as per medical Davinder Kumar 2014.02.13 13:03 I attest to the accuracy and integrity of this document CRM-M-38968 of 2013 2 examination of Raj Karan, he sustained only one injury on his head.

Raj Karan has already been discharged from the hospital and the petitioners are ready to face trial in accordance with law.

Without meaning to express any opinion on the merits of the controversy, the interim bail granted to Dinesh Kumar petitioner is made absolute and he would abide by the conditions laid down in order dated November 26, 2013.

However, Sunil Kumar petitioner is directed to join investigation within 7 days and on his appearance before the Investigating/Arresting officer, he will be released on bail on his furnishing bail bonds to the satisfaction of the concerned officer, subject to the following conditions:- i) he shall make himself available for interrogation by a police officer as and when required; (ii) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (iii) he shall not leave India without the previous permission of the Court.

In case, Sunil Kumar petitioner fails to join investigation within 7 days, the petition shall be deemed to have been dismissed.

(REKHA MITTAL) JUDGE February 10, 2014.

Davinder Kumar Davinder Kumar 2014.02.13 13:03 I attest to the accuracy and integrity of this document