Criminal Misc.-M No. 23351 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 23351 of 2011(O&M) Date of Decision: 18.10.2011 Manoj ...Petitioner Versus State of Haryana ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Raj Kumar Gupta, Advocate for the petitioner. Mr. Subhash Godara, Additional Advocate General, Haryana. …… RAJESH BINDAL, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No. 365 dated 16.4.2010 registered under Sections 195/196/197/468/420/307/120-B IPC and under Sections 7/8/9/12/13/13 (1) D of the Prevention of Corruption Act at Police Station City Hisar. The petitioner had earlier approached this Court while filing Criminal Misc.-M No. 14422 of 2010, wherein the petitioner was granted benefit of pre-arrest bail. The offences under Section 307/120-B IPC having been added later on, the petitioner has filed the present petition. Learned counsel for the petitioner submitted that FIR No. 165 was registered against Hardeep Singh and his brother on the complaint of Jaibir on 25.12.2009. In the aforesaid FIR offence under Section 307 IPC was added later on. Subsequently Hardeep Singh got the present FIR registered alleging that the injury on the person of Jaibir, on the basis of which offence under Section 307 IPC was added, was fabricated by Dr. Bhoop Singh Khatri. Initially, the FIR was registered under Sections 195/196/197/468/420 IPC, however, later on offences under Section 307, 120-B IPC were added. The allegation is that Dr. Bhoop Singh Khatri had caused injury to Jaibir by taking money. There were allegations of corruption against Dr. Bhoop Singh Khatri, who was posted in Civil Hospital, Hisar. The only allegation against the petitioner is that he had paid money to the doctor for alleged fabrication of Criminal Misc.-M No. 23351 of 2011 2 the injury. It is not alleged against the petitioner that he had caused injury for which offence under Section 307 IPC was added. On the other hand, learned counsel for the State submitted that in the present FIR the allegations are that the petitioner in connivance with Dr. Bhoop Singh Khatri fabricated injury to Jaibir to get offence under Section 307 IPC added in FIR No. 165 got registered by Jaibir. Offence under Section 307 IPC was added in the present case considering the injury caused by Dr. Bhoop Singh Khatri. The challan in the present case has been filed. The allegations regarding corruption are against Dr. Bhoop Singh Khatri. After hearing learned counsel for the parties and considering the fact that the injury, which has allegedly been caused by the doctor on the person of Jaibir and on that account, offence under Section 307 IPC has been added, being not attributed to the petitioner and the allegation against the petitioner being only that he had allegedly paid money to the doctor and that fact having already been considered by this Court while confirming pre-arrest bail of the petitioner earlier on February 22, 2011, in my opinion, the petitioner is not required to be taken into custody for interrogation. Interim bail granted to the petitioner on August 04, 2011, is made absolute. The petition stands disposed of. (RAJESH BINDAL) JUDGE 18.10.2011 sharmila