High CourtsSingle Bench(2020) 12 P&H CK 0086

Vijay vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 4 December 2020

HON’BLE JUDGES
Anupinder Singh Grewal, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 38208 Of 2020

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Judgment

17 paragraphs · 266 words

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No. 328 dated 30.09.2020, under Section 306 read with Section 34 of the Indian Penal Code, 1860

(‘IPC’ - for short), registered at Police Station Bawani Khera, District Bhiwani.

Learned counsel for the petitioner contends that the allegations against the petitioner are vague and would not constitute a prima facie case for the

commission of offence punishable under Section 306 IPC. The petitioner is the son of deceased, namely, Banti Devi and he has been falsely

implicated by the complainant, who is his brother. After the death of Banti Devi, the complainant and other relatives had set Manisha, the wife of the

petitioner, on fire for which an FIR under Section 302 IPC has been lodged against them.

This Court, by order dated 19.11.2020, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event

of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions

envisaged under Section 438(2) Cr.P.C.

Learned State counsel, upon instructions from SI Satya Narayan, states that the petitioner has joined investigation.

In view of the submissions of learned counsel for the petitioner and the petitioner having joined investigation, the Covid-19 Pandemic, the order dated

19.11.2020 granting interim bail to the petitioner is made absolute.

However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon

to do so.

The petition stands disposed of.