Criminal Misc.No. M-13665 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Criminal Misc.No. M-13665 of 2010 Date of decision:- 06.7.2010 Saranpani @ Sarangpani and another ...Petitioners Versus State of Haryana ...Respondent 2. Criminal Misc.No. M-14278 of 2010 Chander Moili and others ...Petitioners Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA Present:- Mr. Vikram Singh, Advocate for the petitioners. Mr. P.M. Anand, Addl. A.G. Haryana. RAM CHAND GUPTA J.(Oral) Both the present petitions are under Section 438 Cr.P.C. filed by the petitioners for pre-arrest bail in case FIR No.27 dated 28.1.2010, under Sections 148,149,323,506,325 IPC and Section 307 IPC added later on, registered at Police Station Madhuban, Karnal, District Karnal. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been stated by learned counsel for the petitioners that he does not want to press this petition for anticipatory bail qua petitioner No.1 Saranpani @ Sarangpani (in Criminal Misc.No. M-13665 of 2010). Criminal Misc.No. M-13665 of 2010 -2- Hence, the petition filed on behalf of Saranpani @ Sarangpani is dismissed as withdrawn. This Court while issuing notice of motion on 11.5.2010 (in Crl. Misc. No. M-13665 of 2010), passed the following order:- “Argues that initially the case was registered for offences under Sections 148,323,506,325 read with Section 149 IPC against petitioners and co-accused and they were released on regular bail. Further argues that later on offence under Section 307 IPC added. Further argues that the injury regarding which offence under Section 307 IPC has been added, is not attributed to the petitioners and rather the same is attributed to co-accused Asavthama, who has already been arrested and released on regular bail. Notice of motion for 28.6.2010. However, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2)Cr.P.C.” Further, this Court while issuing notice of motion on 14.5.2010 (in Crl. Misc. No. M-14278 of 2010), passed the following order:- “Argues that initially case was registered for offences under Sections 148,323,506,325,149 IPC against the petitioners and his co-accused and they were released on regular bail. Further argues that later on offence under Section 307 IPC was added. It has also been stated that injury regarding which offence under Section 307 IPC has been added, has not been attributed to any of the present petitioners and rather the same is attributed to co-accused Asavthama, who has already been arrested and released on regular bail. Further argues that on the similar facts, co- accused Saranpani @ Sarangpani and Rekha have already been granted interim bail by this Court in Crl. M.No.M-13665 of 2010 and the same is fixed for 28.6.2010. Notice of motion for 28.6.2010. However, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his Criminal Misc.No. M-13665 of 2010 -3- satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. To be heard alongwith Crl.M.No.M-13665 of 2010.” It has been stated by learned counsel for the petitioners that the petitioners have joined the investigation in pursuance of the said orders. It has been stated by learned counsel for the State that the main injury is attributed to Saranpani @ Sarangpani, on whose behalf petition has been dismissed as withdrawn. However, it has been stated by learned counsel for the State that so far remaining accused are concerned they have already joined investigation and they are no more required for any custodial interrogation. There are no allegations on behalf of the State that the petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of these facts and without expressing any opinion on the merits of the case, applications for anticipatory bail filed on behalf of petitioners Rekha, Chander Moili, Vivek, Neeraj @ Monu and Kapil are accepted and orders dated 11.5.2010 passed in Crl. Misc. No.M-13665 of 2010 and dated 14.5.2010 passed in Crl. Misc. No. M-14278 of 2010 are made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C. The petitions stand disposed of accordingly. July 06, 2010 ( RAM CHAND GUPTA ) vj JUDGE