CRM-M No. 28376 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No.28376 of 2009
Date of Decision: December 07 , 2009
Sanjeev Kumar and another ...... Petitioners
Versus
State of Haryana and another ...... Respondents
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.H.S.Sullar, Advocate
for the petitioners.
Mr.Mehar Deep Singh, DAG, Punjab.
Mr.Amit Jaiswal, Advocate
for the complainant.
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Ajay Tewari, J.
This is an application for anticipatory bail in complaint case
bearing no.63 dated 30.8.2008, under Sections 324,325,326,302 and 120-B
IPC pending before Judicial Magistrate 1st Class, Ambala.
The facts, in brief, giving rise to this case are that deceased
Ashwani Kumar was found dead by the Railway Authorities on 29.04.2008.
By the instant complaint it is alleged that the petitioners along with three
female family members did him to death. It is not disputed that the three
female family members have been granted anticipatory bail by the
impugned order. In my opinion in the facts and circumstances of this case
the petitioners also deserve the concession of anticipatory bail.
Learned counsel for the complainant has stated that there is
CRM-M No. 28376 of 2009 2
possibility that the witnesses may tamper with the evidence. There is only
one alleged eyewitness who has given his statement in the complaint on
3.12.2008. No allegation has been made of any intimidation or allurement
to the said witnesses during the past one year.
So, in the circumstances I deem it appropriate to grant the
concession of anticipatory bail to the petitioners but with the condition that
this concession is liable to be withdrawn at any time in case the petitioners
are found to be threatening or inducing any of the witnesses or otherwise
tampering with the evidence.
In the meantime, in the event of arrest of the petitioners they
are ordered to be released on interim bail to the satisfaction of Arresting
Officer/Investigating Officer/Area Magistrate/Duty Magistrate, as the case
may be , subject to the conditions laid down in Section 438(2) Cr.P.C.
(AJAY TEWARI)
JUDGE
December 07, 2009
sunita