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High Court of Punjab and HaryanaCRM-M/1272/2023allowed

Sonu v. State Of Haryana

2023-01-16Mr. Justice Pankaj Jain2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1272-2023 Date of decision : 16.01.2023 Sonu ....Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Aniket S. Chauhan, Advocate for the petitioner.

Mr. Naveen S. Panwar, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) This is second petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.0275 dated 02.04.2022 registered for the offences punishable under Section 379-A and 34 of the IPC, at Police Station City Karnal, District Karnal, Haryana. 2.

Counsel for the petitioner submits that the complainant has been examined as PW-1. The recovery of the mobile-phone which was alleged to have been snatched was effected from the co-accused Vikas. He submits that there can't be any apprehension that the petitioner shall tamper with the evidence. Trial is likely to take long time to get concluded. Petitioner is in custody since 24th of June, 2022. 3.

Per contra, State Counsel submits that though the recovery has been effected from co-accused Vikas yet from the statement of the complainant placed on record as Annexure P-5, it is evident that the DEEPAK KUMAR 2023.01.16 16:59 I attest to the accuracy and integrity of this document

CRM-M-1272-2023 -2complainant has identified the present petitioner as also one of the culprits. 4.

Be that as it may. Keeping in view the incarceration already suffered by the petitioner and the fact that the challan already stands furnished as also the complainant stand examined, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

5.

Needless to say anything observed herein shall not be construed to be an expression of opinion on the merits of the case. January 16, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.01.16 16:59 I attest to the accuracy and integrity of this document