Lal Chand vs State of Haryana

A.L. Bahri, J.—Lal Chand has prayed for anticipatory bail in a case registered vide F.I.R. No. 123 dated May 3, 1988 under sections 397/324/148/149, Indian Penal Code, at Police Station Rania, District Sirsa.

Originally the case was registered under section 304, Indian Penal Code, and Lal Chand accused was released on bail by the Magistrate. Subsequently, offence was changed to under section 307, Indian Penal Code. The police wanted to arrest Lal Chand and so he moved for anticipatory bail. Twice anticipatory bail moved by Lal Chand and others was declined by the Sessions Judge. It may be clarified that vide order dated May 19, 1988, the bail of Lal Chand was declined whereas other coaccused were allowed bail. Vide order dated May 27, 1988, bail of Lal Chand was declined on the ground that weapon of offence was required to be recovered. I have heard counsel for the petitioner and counsel for the State. Once Lal Chand was on bail, now there is no ground for having the custody of Lal Chand for effecting recovery of the weapon of offence on account of change of offence. Lal Chand is, therefore, also allowed bail. He is directed to be released on bail on furnishing bail bond to the satisfaction of the arresting officer in case of his arrest. He is directed to join investigation of the case as and when required and he will not tamper with the prosecution evidence and that he will not leave India without permission of the Court.