- (1.) This Court, on January 19, 2012, had passed the following order: The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No. 288 dated 30.8.2011 registered at Police Station City Kaithal, District Kaithal, under Sections 148, 323, 324, 325, 326 and 506 read with Section 149 IPC. Learned counsel for the petitioner contends that the petitioner is not named in the FIR. Learned counsel submits that even if an unknown person, armed with a danda, is considered to be the petitioner, then also the injury attributed to him will not fall under Section 326 IPC. It is stated that the occurrence pertains to 30.8.2011, therefore, the argument of the Public Prosecutor as noticed in the impugned order that the petitioner is required for test identification parade, will have no significance because of lapse of time. Issue notice of motion to the Advocate General, Haryana, for 6.2.2012. Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however join the investigation as and when called for and he will also abide by the conditions as specified under Section 438(2) Cr.P.C.
(2.) Counsel for the State, on instructions from Raghubir Singh SI, Police Station City Kaithal, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.
(3.) For the reasons stated in order dated January 19, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The order dated January 19, 2012, granting interim pre-arrest bail to the petitioner, is hereby affirmed and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, he shall continue to appear before the investigating agency as and when called-for till filing of a report under Section 173 Cr.P.C. He shall also abide by the conditions specified under Section 438(2) Cr.P.C. On submission of the report under Section 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.;