Khalid and Others Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1152210
CourtPunjab and Haryana High Court
Decided OnJun-17-2014
AppellantKhalid and Others
RespondentState of Haryana
Excerpt:
in the high court of punjab and haryana at chandigarh crl. misc. no.m-20014 of2014date of decision : 17th june, 2014 khalid & others …. petitioners versus state of haryana …. respondent coram : hon’ble mr.justice surinder gupta **** present : mr.rakesh gupta, advocate for the petitioners.mr.harish rathee, sr.dag, haryana. mr.s.k. guleria, advocate for the complainant. **** surinder gupta, j. (oral) the petitioner has sought pre-arrest bail in case bearing fir no.99 dated 05.05.2014 registered at police station ferozepur jhirka, district mewat for offence punishable under sections 147, 148, 323, 452 and 506 ipc (section 325 ipc added later on).learned counsel for the petitioner submits that as per the allegations in the fir the occurrence took place on 02.05.2014 over a dispute between children and the petitioners accompanied by some other person caused injuries to complainant, munfed, saddam, jubeda, sahid, jaibuna, munsika and baksar etc.after investigation the police has removed the offence punishable under section 452 ipc from this fir. the offences mentioned in fir are bailable except the offence punishable under section 506 part ii, relating to the threat given by the accused to kill the complainant party, if they get chance in future. crl. misc. no.m-20014 of2014-2- learned state counsel submits that there are 9 accused and none of them has been arrested so far. the injuries caused were grievous in nature attracting the provisions of section 325 ipc. keeping in view the above facts and without commenting on merits of the case at this stage, the instant bail petition is allowed. the petitioners are directed to surrender before the police and join the investigation and in the event of their arrest they be allowed bail till the presentation of challan on their furnishing bail bond and surety bond to the satisfaction of the chief judicial magistrate/duty magistrate, mewat, subject to the condition that they shall comply with the conditions mentioned in section 438(2) cr.p.c.17th june , 2014 (surinder surinder gupta) gupta) ‘raj’ judge raj kumar 2014.06.18 11:18 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRL.

MISC.

No.M-20014 OF2014DATE OF DECISION : 17th JUNE, 2014 Khalid & others ….

Petitioners Versus State of Haryana ….

Respondent CORAM : HON’BLE Mr.JUSTICE SURINDER GUPTA **** Present : Mr.Rakesh Gupta, Advocate for the petitioneRs.Mr.Harish Rathee, Sr.DAG, Haryana.

Mr.S.K.

Guleria, Advocate for the complainant.

**** SURINDER GUPTA, J.

(ORAL) The petitioner has sought pre-arrest bail in case bearing FIR No.99 dated 05.05.2014 registered at Police Station Ferozepur Jhirka, District Mewat for offence punishable under Sections 147, 148, 323, 452 and 506 IPC (Section 325 IPC added later on).Learned counsel for the petitioner submits that as per the allegations in the FIR the occurrence took place on 02.05.2014 over a dispute between children and the petitioners accompanied by some other person caused injuries to complainant, Munfed, Saddam, Jubeda, Sahid, Jaibuna, Munsika and Baksar etc.After investigation the police has removed the offence punishable under Section 452 IPC from this FIR.

The offences mentioned in FIR are bailable except the offence punishable under Section 506 Part II, relating to the threat given by the accused to kill the complainant party, if they get chance in future.

CRL.

MISC.

NO.M-20014 OF2014-2- Learned State counsel submits that there are 9 accused and none of them has been arrested so far.

The injuries caused were grievous in nature attracting the provisions of Section 325 IPC.

Keeping in view the above facts and without commenting on merits of the case at this stage, the instant bail petition is allowed.

The petitioners are directed to surrender before the police and join the investigation and in the event of their arrest they be allowed bail till the presentation of challan on their furnishing bail bond and surety bond to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Mewat, subject to the condition that they shall comply with the conditions mentioned in Section 438(2) Cr.P.C.17th June , 2014 (SURINDER SURINDER GUPTA) GUPTA) ‘raj’ JUDGE Raj Kumar 2014.06.18 11:18 I attest to the accuracy and integrity of this document Chandigarh