Criminal Misc. No. M-32307 Of 2008 vs State Of Haryana on 27 January, 2009

Criminal Misc. No. M-32307 of 2008                             1




     In the High Court of Punjab and Haryana, at Chandigarh.


1.                              Criminal Misc. No. M-32307 of 2008

                                        Date of Decision: 27.1.2009


Deepak Arora
                                                        ...Petitioner
                              Versus
State of Haryana.
                                                     ...Respondent

2.                              Criminal Misc. No. M-32308 of 2008


Neelam Arora
                                                        ...Petitioner
                              Versus
State of Haryana.
                                                    ...Respondent

                               AND

3.                              Criminal Misc. No. M-32309 of 2008


Pooja Chawla
                                                        ...Petitioner
                              Versus
State of Haryana.
                                                    ...Respondent



CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Amit Aggarwal, Advocate
         for the petitioners.

         Mr. S.S. Mor, Senior Deputy Advocate
         General, Haryana, for the State.
 Criminal Misc. No. M-32307 of 2008                                    2




Kanwaljit Singh Ahluwalia, J. (Oral)

By this common order, Criminal Misc. No. M-32307 of 2008

titled as “Deepak Arora v. State of Haryana“, Criminal Misc. No. M-

32308 of 2008 titled as “Pooja Arora v. State of Haryana“, and Criminal

Misc. No. M-32309 of 2008 titled as “Pooja Chawla v. State of Haryana“,

are being decided.

In Criminal Misc. No. M-32307 of 2008, a Co-ordinate Bench

of this Court had passed the following order on 9.12.2008:-

“Present: Mr. Amit Aggarwal, Advocate
for the petitioner.

Allegation is that the petitioner along with

his sister attacked the complainant while he was in

the house of Niti Chaudhary with whom he was

allegedly having illicit relations. The offences

alleged against the petitioner are under Sections

506, 323 and 437 IPC. The prayer for anticipatory

bail has been declined by the Sessions Court on the

ground that the Mobile phone is to be recovered for

which custodial interrogation is required. That would

sound a bit strange.

Notice of motion for 27.1.2009.

In the meanwhile, in the event of arrest of

the petitioner, he shall be released on anticipatory

bail to the satisfaction of the Arresting Officer,

subject to the conditions contained in Section 438(2)
Criminal Misc. No. M-32307 of 2008 3

Cr.P.C. He will join the investigation as and when

required.

Sd/-

(Ranjit Singh)
Judge
December 09, 2009″

In the present case, Pooja Chawla, sister of Deepak Arora,

had earlier lodged an FIR against her husband stating therein that he is

having extra marital relations with one Niti Chaudhary. A perusal of the

FIR shows that on fateful day, petitioners had gone to make a protest

when not only they suffered injuries but have been implicated in the

present FIR.

In the present case, offences, as per the FIR, against the

petitioners fall under Sections 323, 427, 452, 506 & 509 IPC.

Counsel for the State, on instructions from Jai Pal Singh,

Assistant Sub Inspector, submit that petitioners have joined

investigation, their custodial interrogation is not required.

In view of the order dated 9.12.2008 passed by the Co-

ordinate Bench of this Court and the statement made by counsel for the

State, pre-arrest bail granted to the petitioners is affirmed till the

presentation of final report under Section 173 Cr.P.C. Thereafter, the

petitioners shall be permitted to furnish regular bail bonds.

With the observations made above, the present petitions are

disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
January 27, 2009
“DK”