High CourtsSingle Bench(2010) 12 P&H CK 0478

Jai Narain and Another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 23 December 2010

HON’BLE JUDGES
Jaswant Singh, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. M 36558 of 2010

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Judgment

6 paragraphs · 235 words

Jaswant Singh, J.—Prayer on behalf of Petitioners Jai Narayan and Shiv Narayan is for grant of anticipatory bail in case FIR No. 516 dated 1.9.2010 under Sections 323, 148, 149, 285 and 506 of Indian Penal Code, Police Station City Thanesar, District Kurukshetra.

2.

As per allegations in the FIR lodged by the complainant Vijender Kumar Chauhan, on 31.08.2010 a quarrel had taken place between the complainant and Kanhaiya Lal and non-applicant co-accused Amit Kumar over the parking of a vehicle in the street by Kanhaiya Lal. Subsequent to the altercation between the two, the Petitioners who are residents of the area are alleged to have arrived at the spot armed with revolvers and are further alleged to have fired shots in the air.

3.

Learned Counsel submits that except the offence u/s 506 IPC, rest of the offences are bailable. It is further submitted that it is a case of no injury.

4.

Learned State Counsel on instructions from ASI Gian Chand submits that pursuant to directions passed by this Court vide order dated 14.12.2010 Petitioners have not joined the investigation as such recovery of weapon of offence could not be effected and investigation could not proceed further.

5.

In view of the aforesaid situation and the fact that due to non joining of the Petitioners, investigation proceedings could not proceed further, Petitioners are not entitled to grant of concession of anticipatory bail.

Dismissed.