KHALIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 221 dated 17.6.2010, under Sections 148/ 149/ 323/ 324/ 307 of the Indian Penal Code read with Section 25 of the Arms Act, 1959 at Police Station Hathin District Palwal. Learned counsel for the petitioners prays that he may be permitted to withdraw this petition qua petitioners No.4 and 5. Accordingly, this petition, qua petitioners No. 4 and 5, is dismissed as withdrawn. While issuing notice of motion, the following order was passed by this Court on 15.7.2010:- Learned counsel for the petitioners has Criminal Misc. No.M- 19987 of 2010 -2- submitted that offence under Section 307 of Indian Penal Code has since been deleted during investigation. Petitioner No.1 had also suffered five injuries. It is a case of version and cross-version. Simple injuries are attributed to the petitioners. Notice of motion for 20.8.2010. In the meantime, in the event of arrest, the petitioners be admitted to interim bail subject to the satisfaction of the Arresting Officer. They shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure. Learned State counsel, who is assisted by ASI Tara Chand and learned counsel for the complainant, has submitted that petitioners No.1 to 3, 6 and 7 have joined investigation in terms of the order reproduced above. Accordingly, without expressing any opinion on the merits of the case, this petition, qua petitioners No.1 to 3, 6 and 7, is allowed and the order granting interim bail dated 15.7.2010, qua the said petitioners, is made absolute.