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2021 Supreme(P&H) 505
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
PARDEEP - PETITIONER
VERSUS
STATE OF HARYANA – RESPONDENT
CRM-M-23375-2021
DECIDED ON : 21-06- 2021
For the Petitioner:Mr. Rahul Jaswal, Advocate
For the Respondent: Mr. Ankur Mittal, Addl. AG, Haryana
The court considered the compromise between the parties and the petitioner's undertaking to join the investigation as key factors in granting anticipatory bail.
Headnote:
Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the petitioner in a case involving charges under Sections 323/354-A/452/506 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on a compromise between the parties and subject to the petitioner joining the investigation within two weeks.
Fact of the Case:
The petitioner sought anticipatory bail in a case involving charges under Sections 323/354-A/452/506 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. A compromise was reached between the parties during the pendency of the matter.
Finding of the Court:
The court granted anticipatory bail to the petitioner, subject to the petitioner joining the investigation within two weeks and abiding by the conditions under Section 438 (2) Cr.P.C.
Issues: Anticipatory bail in a case involving serious charges and the impact of a compromise between the parties on the grant of bail.
Ratio Decidendi: The court considered the compromise between the parties and the petitioner's undertaking to join the investigation as key factors in granting anticipatory bail.
Final Decision: The petition seeking anticipatory bail was allowed, with the petitioner granted bail subject to joining the investigation within two weeks and abiding by the conditions under Section 438 (2) Cr.P.C.
JUDGMENT :
AVNEESH JHINGAN, J.
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This is a petition seeking anticipatory bail in case FIR No.47, dated 13th February, 2020, under Sections 323/354-A/452/506 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Industrial Sector 29, Panipat.
3. During the pendency of the matter, the matter has been compromised and the compromise dated 17th February, 2020 is annexed as Annexure P-2. Quashing petition on the basis of compromise has been filed in which notice of motion was issued on 24th February, 2020 and the parties were directed to appear before the trial Court for recording of their statements.
4. Learned State counsel is not in a position to disputed the above stated facts.
5. In view of above, petitioner is granted anticipatory bail subject to his joining investigation within two weeks. In the event of arrest, he shall be released on bail subject to his furnishing adequate bail bonds to the satisfaction of the Investigating Officer. He is directed to join investigation as and when called for. He shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C.
The petition is allowed.
6. In case of failure of the petitioner to join the investigation, the State would be at liberty to file an application for recalling of this order.
