HUSAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to petitioner- Husan Chand, who has been booked for having committed the offences punishable under Sections 307 and 325 read with Section 34, IPC, in a case arising out of FIR No. 207, dated 24.09.2012, registered at Police Station, Pinjore, District Panchkula.

(2.) Perusal of the file reveals that initially the case was registered under Sections 323 and 325 read with Section 34, IPC. The petitioner was arrested by the police and granted bail by the learned Chief Judicial Magistrate, Panchkula, vide order dated 26.09.2012. After about two months of the occurrence, all of a sudden, the police obtained the opinion with regard to the nature of injury which was stated 3014 Husan Chand v. State of Haryana (P&H) to be dangerous to life and added Section 307, IPC. The petitioner did not misuse the concession of bail granted by the learned Chief Judicial Magistrate, Panchkula, therefore, adding of Section 307, IPC, would be of no consequence vis-a-vis arrest of the petitioner.

(3.) Learned counsel for the State, on instructions from ASI Raghubir Singh, Police State, Pinjore, District Panchkula, submits that in compliance of the order dated 12.12.2012, the petitioner did join the investigation and no more required by the police for any other purpose. He further submits that the investigation qua the petitioner is also complete but the charge-sheet (report under Section 173, Cr.P.C.) remains to be presented before the learned Area Judicial Magistrate. He further submits that the charge-sheet has already been submitted qua the co-accused of the petitioner.