Crm No. M-18288 of 2014 Vs. State of Haryana - Court Judgment

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CourtPunjab and Haryana High Court
Decided OnJul-07-2014
AppellantCrm No. M-18288 of 2014
RespondentState of Haryana
Excerpt:
crm no.m-18288 of20141 in the high court of punjab and haryana at chandigarh crm no.m-18288 of2014decided on : july 07, 2014 rajesh ..........petitioner versus state of haryana ........respondent crm no.m-19072 of2014decided on : july 07, 2014 jaibir ........petitioner versus state of haryana ........respondent coram : hon'ble mr.justice m.m.s. bedi. present:- mr.aman pal, advocate for the petitioners.mr.g.s.bajwa, addl.a.g., haryana. m.m.s.bedi, j. this order will dispose of two petitions for grant of pre-arrest bail, one filed by rajesh (no.crm-m-18288 of 2014) and another filed by jaibir (no.crm-m-19072 of 2014) in a case registered at the instance of complainant vijay kumar alleging that the petitioners along with seven other persons constituted an unlawful assembly armed with swords and lathis etc., caused injuries on the person of vijay, ajab and satpal. counsel for the petitioners has vehemently submitted that petitioners have been falsely implicated in this case and that anjal gupta there is delay of 2 days in lodging the fir of the alleged 2014.07.09 10:36 i attest to the accuracy and integrity of this document high court chandigarh crm no.m-18288 of20142 occurrence and that no grievous injury is attributed to rajesh. i have heard learned counsel for the petitioners.complainant as well as the state counsel and gone through the record. so far as the petitioner rajesh is concerned, he was allegedly armed with lathi and he has been attributed to lathi blow on the shoulder of ajab. he has already joined the investigation. as far as petitioner jaibir is concerned, he was armed with a sword and has been attributed injury on the left hand palm of ajab with sword. this injury is grievous in nature. so, i do not find any extraordinary exceptional circumstance for grant of pre-arrest bail to jaibir. his bail application is dismissed. so far as the bail application of rajesh is concerned, petition is allowed. it is ordered that in case of arrest of rajesh, he will be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the arresting officer subject to all the conditions mentioned under section 438(2) cr.p.c.and further with a condition that he will not commit similar offence of which he is accused of, during the pendency of trial. (m.m.s.bedi) 07.07.2014 judge anjal anjal gupta 2014.07.09 10:36 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CRM No.M-18288 OF20141 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-18288 OF2014DECIDED ON : July 07, 2014 Rajesh ..........Petitioner VERSUS State of Haryana ........Respondent CRM No.M-19072 OF2014DECIDED ON : July 07, 2014 Jaibir ........Petitioner VERSUS State of Haryana ........Respondent CORAM : HON'BLE Mr.JUSTICE M.M.S.

BEDI.

PRESENT:- Mr.Aman Pal, Advocate for the petitioneRs.Mr.G.S.Bajwa, Addl.A.G., Haryana.

M.M.S.BEDI, J.

This order will dispose of two petitions for grant of pre-arrest bail, one filed by Rajesh (No.CRM-M-18288 of 2014) and another filed by Jaibir (No.CRM-M-19072 of 2014) in a case registered at the instance of complainant Vijay Kumar alleging that the petitioners along with seven other persons constituted an unlawful assembly armed with swords and lathis etc., caused injuries on the person of Vijay, Ajab and Satpal.

Counsel for the petitioners has vehemently submitted that petitioners have been falsely implicated in this case and that Anjal Gupta there is delay of 2 days in lodging the FIR of the alleged 2014.07.09 10:36 I attest to the accuracy and integrity of this document high court chandigarh CRM No.M-18288 OF20142 occurrence and that no grievous injury is attributed to Rajesh.

I have heard learned counsel for the petitioneRs.complainant as well as the State counsel and gone through the record.

So far as the petitioner Rajesh is concerned, he was allegedly armed with lathi and he has been attributed to lathi blow on the shoulder of Ajab.

He has already joined the investigation.

As far as petitioner Jaibir is concerned, he was armed with a sword and has been attributed injury on the left hand palm of Ajab with sword.

This injury is grievous in nature.

So, I do not find any extraordinary exceptional circumstance for grant of pre-arrest bail to Jaibir.

His bail application is dismissed.

So far as the bail application of Rajesh is concerned, petition is allowed.

It is ordered that in case of arrest of Rajesh, he will be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the arresting officer subject to all the conditions mentioned under Section 438(2) Cr.P.C.and further with a condition that he will not commit similar offence of which he is accused of, during the pendency of trial.

(M.M.S.BEDI) 07.07.2014 JUDGE ANJAL Anjal Gupta 2014.07.09 10:36 I attest to the accuracy and integrity of this document high court chandigarh