IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision: 18.05.2018
Rohtash and another
State of Haryana
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Manish Soni, Advocate,
for the petitioners.
Ms. Gaganpreet Kaur, AAG, Haryana.
JAISHREE THAKUR, J. (ORAL)
This Court was pleased to pass the following order on
“This is a petition that has been filed under Section 438
Cr.P.C. for grant of anticipatory bail to the petitioners in FIR
No.1075 dated 20.11.2017, under Sections 147, 149, 323, 506 of
Indian Penal Code (Sections 148, 325 308 IPC added later on
and Section 354 IPC deleted), registered at Police Station Sadar
Gurugram, District Gurugram.
Learned counsel for the petitioners contends that the
petitioners herein had earlier been granted interim anticipatory
bail by the Additional Sessions Judge, Gurugram for offences
punishable under Section 147, 148, 149, 323, 354, 506, 325 of
Indian Penal Code, on the same set of allegations and medical
available. However, later on Section 308 of Indian Penal Code has
been added, while deleting Section 354 of Indian Penal Code. It is
argued that the petitioners herein have already joined the
investigation under the sections invoked earlier. It is submitted that
the sentence under the newly added Section 308 IPC would be
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same, as under Section 325 IPC. It is also contended that co-
accused Ravinder has already been granted interim anticipatory
bail by this court in CRM-M-1247 of 2018 and the petitioners
herein are ready to cooperate and join the investigation.
Notice of motion for 18.04.2018.
To be heard along with CRM-M-1247-2018.
Meanwhile, the petitioners are directed to join the
investigation within a period of one week and on their doing so, the
petitioners be released on interim bail subject to their furnishing
personal bonds and surety to the satisfaction of
Arresting/Investigating Officer. However, the petitioners shall
continue to join the investigation as and when called upon to do so
and shall abide by the conditions as provided under Section 438
Learned counsel for the petitioners submits that the petitioners
have joined the investigation.
Learned counsel for the respondent-State confirms the factum
of joining investigation by the petitioners.
Since the petitioners have joined the investigation, the petition
is allowed and interim order dated 09.03.2018 is hereby made absolute
subject to the condition that the petitioners will not tamper with evidence or
hamper the investigation; will not leave India without permission of the
Court and will comply with the conditions contained in Section 438(2)
18.05.2018 (JAISHREE THAKUR)
Whether speaking/reasoned Yes.
Whether reportable No.
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