IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-37600 of 2010
and connected petitions.
Date of decision: March 08, 2011.
State of Haryana
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Shri Pardeep Solath, Advocate, for the petitioners. Shri H.S. Deol, Additional Advocate General, Haryana.
Kanwaljit Singh Ahluwalia, J. (Oral):
This order shall dispose of the thre petitions, viz, Crl. Misc. No.M-37600 of 2010 filed by Rajender Singh, Crl. Misc. No.M-905 of 2011 filed by Atal Singh alias Modiya and Crl. Misc. No.M-4886 of 2011, filed by Manoj alias Billu and Rahul, under Section 438 of the Code of Criminal Procedure for the grant of pre-arrest bail arising in case FIR No.329 dated 15.10.2010 registered at Police Station City Narnaul, under Sections 148, 149, 323 and 356 IPC.
Counsel for the petitioners contends that during pendency of these petitions, to defeat the interim relief granted to the petitioners, with mala fide intent, the investigating agency has added Section 395 IPC. Counsel states that in the order passed by the Coordinate Bench of this Court on December 22, 2010, it is noticed that the allegation against the petitioners is that they had snatched Rs.24,400/-, mobile and keys of JCB machine. The order dated December 22, 2010 passed by the Coordinate Bench reads as under:-
"Prayer under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail in case FIR No.329 dated 15.10.2010 under Sections 148, 149, 323 and 356 IPC registered at Police Station City Narnaul. As per case of the prosecution, the injured complainant Satish in his supplementary statement on 15.10.2010 has alleged that Crl. Misc. No.M-37600 of 2010 & connected petitions -2- petitioner along with his other oc-accused has attacked the complainant at 11 p.m on 1.10.2010 after his office hours. Learned counsel submits that the occurrence had taken place on 1.10.2010 and the FIR and the supplementary statement have been recorded on 15.10.2010, whereby for the first time name of the petitioner has been disclosed, accompanying the main accused Atal, who was alleged in the FIR itself to have caused injuries to the injured and snatched a sum of Rs.24,400/-, mobile and keys of the JCB Machine for the pocket of the complainant. It is submitted that the petitioner is a student and co-villager of the complainant and, thus, it is highly improbable that the petitioner was not recognized by the complainant at the time of occurrence. It is further submitted that no recovery is to be effected.
Notice of motion for 11.2.2011.
In the event of arrest, the petitioner shall be released on bail to the satisfaction of Arresting/Investigating Officer. The petitioner shall appear before the I.O., as and when called upon for investigation and shall also be bound by the conditions as contained in Section 438(2) Cr.P.C. "
It is not disputed that the petitioners have joined the investigation. Counsel for the State has submitted that the recovery of Rs.24,400/-, mobile and keys of the JCB machine is to be effected from the accused-petitioners. Counsel for the petitioners contends that false allegations have been levelled and story of snatching is a made-up affair. Be that as it may, since the petitioners have joined the investigation, the veracity of allegations shall be determined during trial. Further custody of the petitioners is not warranted. Hence, pre-arrest bail granted to the petitioners vide order dated 22.12.2010, 11.2.2011 and 23.2.2011 is affirmed till filing of the report under Section 173 Cr.P.C. Thereafter, the petitioners shall be permitted to furnish regular bail bonds to the satisfaction of the trial court.
The petitions stand disposed of.
[Kanwaljit Singh Ahluwalia]
March 08, 2011. Judge kadyan