Ganesha @ Naveen and another vs State of Haryana

Prayer in this petition is for grant of anticipatory bail to the petitioners in case FIR No.283 dated 15.04.2016 under Sections 302, 307, 34, 120-B of IPC

and Sections 25/30 of Arms Act, 1959, registered at Police Station City Hansi, District Hisar.

Learned counsel for the petitioners contends that originally the petitioners were not found involved in the case. Therefore, no challan was filed against

petitioner No.1-Ganesha @ Naveen. Although challan was filed against petitioner No.2- Munish Narula, however, the police had filed a specific

application seeking discharge of petitioner No.2. Accordingly, the trial Court had discharged the petitioner No.2. Now the petitioners have been asked

to face the trial while exercising powers 319 Cr.P.C. It is contended that although there is no sufficient material against the petitioners, yet, they would

appear before the trial Court and face further proceedings in accordance with law. Accordingly, it is prayed that the petitioners be protected against

their arrest.

Learned counsel for the complainant has vehemently opposed the prayer while submitting that there are specific allegations against the petitioners and

have rightly been arrayed as an accused for the offence under Section 302 of IPC. Therefore, the petitioners do not deserve protection against their

arrest.

Learned State counsel, being instructed by HC Ravi Kumar, submits that since the Court has summoned the petitioners as an accused, therefore, they

are liable to be proceeded against, in accordance with law.

This Court find substance in the argument of learned counsel for the petitioners that since the petitioners have already been interrogated by the police

during the investigation, therefore, they may not be required for any further investigation. Petitioners have been summoned by the trial Court under

Section 319 of Cr.P.C.

In view of the facts and circumstances, it would not be unjustified if the petitioners are directed to appear before the trial Court to face the

proceedings, after being protected against their arrest.

Resultantly, the present petition is allowed. The petitioners are directed to appear before the trial Court on or before 12.10.2018. However, it is further

directed that in case, the petitioners so appear before the trial Court, then they shall be released on bail on their furnishing bail/surety bonds to the

satisfaction of the trial Court.