Mahesh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No. 1584 of 2022 Date of Decision : 7.2.2023 Mahesh ..... Petitioner versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Kunal Chorsi, Advocate, for Mr. SPS Khaira, Advocate, for the petitioner Ms. Mahima Yashpal, DAG, Haryana --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.258 dated 2.9.2021 under Sections 306 and 34 IPC (Section 34 IPC deleted later on), registered at Police Station Farrukh Nagar, District Gurugram.

Learned State counsel, on instructions from SI Vikas, submits that nine out of sixteen prosecution witnesses have been examined. Even the complainant and his family members, i.e., the complainant's son and his nephew, have not supported the prosecution case. The petitioner is in custody since 15.10.2021.

In this background and keeping in view the fact that material witnesses have already been examined, and trial of the case will take a long time to conclude in near future, it is deemed appropriate to admit the petitioner to regular bail.

Accordingly, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(TRIBHUVAN DAHIYA) JUDGE 7.2.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.02.07 18:04 I attest to the accuracy and integrity of this document