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2018 DIGILAW 14 (PNJ)

Amrik Singh v. State of Haryana

2018-01-08

A.B.CHAUDHARI

body2018
JUDGMENT Mr. A.B. Chaudhari , J (Oral):- Notice of motion to respondent-State in CRM-M-45068 of2017. 2. At the asking of the Court, Mr. Vivek Saini, DAG Haryanaaccepts notice on behalf of the State. 3. By this common order, above said both the petitions wouldbe disposed of. 4. Heard learned counsel for the rival parties. 5. Learned counsel for the petitioners submits that petitionerNo.2-Surjeet Singh (in CRM-M-30779 of 20170) has expired. 6. Hence, proceedings qua petitioner No.2-Surjeet Singhstands abated. 7. This Court had granted anticipatory bail to all thepetitioners in FIR No.119 dated 01.03.2017, under Sections 148, 149,323, 506 of Indian Penal Code, 1860 (for short ‘IPC’) (Sections 452,325 IPC added later on), registered at Police Station Pehowa, DistrictKurukshetra, vide orders dated 17.05.2017 (in CRM-M-15051 of2017) and dated 31.07.2017 (in CRM-M-18457 of 2017). 8. In these two petitions, petitioners seek anticipatory bailagain in the same FIR because of addition of Section 307 IPC.According to the prosecution, the victim was admitted to Hospital on27.02.2017 and was discharged on 11.03.2017. The injuries caused tothe victim because of fractures on the head. Upon perusal of FIR, itclearly appears that Manjit Singh and Amrik Singh caused headinjuries resulting into fractures to the victim. Since the victim wasrequired to be hospitalized, he must have spent money for treatment.Since the petitioners have already joined investigation, and norecovery is required to be made, there is no point in refusing the grantof anticipatory bail to them, but then the victim must be reimbursed thehospital charges. 9. Learned counsel for the petitioners, on instructions fromthe petitioners made a categorical statement that Manjit Singh andAmrik Singh shall pay Rs. 15,000/- each by way of demand draft in thename of victim-Resham Singh within a period of 4 weeks from today. 10. Learned counsel for the petitioners submits that ManjitSingh has already been granted anticipatory bail for newly addedoffence under Section 307 IPC also, vide order dated 25.09.2017 (inCRM-M-28784 of 2017). 11. In that view of the matter, both these petitions are allowed. Petitioners are ordered to be released on anticipatory bail in FIR inquestion for offence under Section 307 IPC also to the satisfaction ofthe learned trial Court concerned, subject to Manjit Singh and AmrikSingh paying Rs. 15,000/- each by way of demand draft in the name ofvictim-Resham Singh within a period of 4 weeks from today,delivering the same to victim-Resham Singh through police officer concerned. 15,000/- each by way of demand draft in the name ofvictim-Resham Singh within a period of 4 weeks from today,delivering the same to victim-Resham Singh through police officer concerned. It is made clear that if the said amount is not paid to victim-Resham Singh as above, the police shall be entitled to arrest the petitioners.