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(2022) Law Today Live Doc. Id. 16869
Decided on: 30.06.2022
Present:
Ms. Kanika Ahuja, Advocate for the petitioner.
Code of Criminal Procedure, 1973 (2 of 1974), Sections 167(2), 173(5) – Challan without FSL -- Default bail – Life of default bail -- Trial Court, while allowing the application u/s 167 (2) Cr.P.C. read with Section 173 (5) Cr.P.C., granted default bail to the petitioner, but put a condition that bail order will remain operative till the time, FSL report is submitted – In similar circumstances, CRR-353-2022 disposed of in terms of Suresh v. State of Haryana, CRR 1135 of 2020 wherein the petitioner was permitted to be conditionally released on bail with clarification that in case of any different result comingforth from that in the decision in Ajit Singh alias Jeeta's case, the State would be at liberty to seek cancellation/modification of the order, if warranted at that stage -- Petition disposed of in the same terms as in CRR-353-2022.
(Para 3-7)
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ARVIND SINGH SANGWAN, J. (ORAL) --
CRM-22416-2022
1. For the reasons stated in the application, same is allowed and delay of 29 days in filing the revision petition is condoned.
2. CRM stands disposed of.
CRR-1358-2022
3. Prayer in this petition is for setting aside the impugned order dated 12.01.2021, vide which the trial Court, while allowing the application under Section 167 (2) Cr.P.C. read with Section 173 (5) Cr.P.C., granted default bail to the petitioner, but put a condition that bail order will remain operative till the time, FSL report is submitted.
4. Learned counsel for the petitioner has relied upon the order dated 21.04.2022 passed in CRR-353-2022, wherein the following order has been passed: -
“Similar issue was dealt by this Court in Suresh v. State of Haryana, CRR No. 1135 of 2020 decided on 18.11.2020.
The operative part of order in case of Suresh's case (supra) is quoted below:
“Taking into account all the above circumstances, the Criminal Revision Petition is allowed at this stage and the petitioner is permitted to be conditionally released on bail to the satisfaction of the Ld. Trial Court concerned. It is however clarified that in case of any different result comingforth from that in the decision in Ajit Singh alias Jeeta's case (supra), the State would be at liberty to seek cancellation/modification of this order, if warranted at that stage.”
The present petition is disposed of in the same terms as in CRR No. 1135 of 2020.”
5. Notice of motion.
6. On asking of the Court, Mr. Deepak Grewal, DAG, Haryana accepts notice on behalf of the respondent-State and has not disputed the factual position.
7. In view of the above, this petition is disposed of in the same terms as in CRR-353-2022.
Order accordingly.
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