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2013 DIGILAW 315 (PNJ)

Ramesh v. State of Haryana

2013-03-06

Ram Chand Gupta

body2013
JUDGMENT Mr. Ram Chand Gupta, J.(Oral):- The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.120 dated 18.10.2011, under Sections 302/120B/34/201/176/202 IPC and Section 25 of Arms Act, 1959, registered at police station Sadar Jagadhri. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Sessions Judge, Yamuna Nagar at Jagadhri dismissing anticipatory bail application filed by the petitioner. 3. This Court while issuing notice of motion on 01.02.2013 passed the following order:- “Crl.M.No.6332 of 2013 Application is allowed subject to all just exceptions. Crl.M.No.M-3338 of 2013 Contends that there is no evidence against petitioner accused except bald statement of the complainant that petitioner was in conspiracy with the main accused, whereas petitioner was nothing to do with the land dispute between co-accused Manoj and her step mother (deceased) and step sister (deceased). Further submitted that matter was duly investigated and he was found innocent by the police and, however, he has been summoned to face trial by allowing application of the prosecution filed under Section 319 Cr.P.C. by learned trial Court. Notice of motion to Advocate General, Haryana, for 6.3.2013. However, petitioner is directed to appear before learned trial Court within two weeks from today and if he so appears and applies for bail, learned trial Court is directed to admit him on interim bail subject to any conditions that may deem to be imposed.” 4. It has been stated by SI Satya Parkash that petitioner has already appeared before learned trial Court pursuant to said order and furnished bail bonds. 5. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 6. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Ramesh is accepted and order dated 01.02.2013 granting interim bail in favour of the petitioner is, hereby, made absolute subject to any conditions that may deem to be imposed by learned trial Court. 7. The present petition stands disposed of accordingly. ---------0.B.S.0------------