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High Court of Punjab and HaryanaCRM-M/1904/2023allowed

Sonu @ Manda v. State Of Haryana

2023-01-18Mr. Justice Harkesh Manuja2 pages

CRM-M-1904-2023 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-1904-2023 Decided on:-18.01.2023 Sonu @ Manda ....Petitioner..

vs.

State of Haryana ....Respondent.

CORAM:

HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Vikas Bishnoi, Advocate, for the petitioner.

Mr. Sumit Jain, Additional Advocate General, Haryana, for the respondent-State.

***** HARKESH MANUJA J. (Oral) By way of present petition, the petitioner prays for grant of regular bail during pendency of trial in case FIR No.165 dated 09.08.2022 under Sections 323, 506 and 34 of IPC (Sections 307 and 325 IPC were added later on), registered at Police Station Bhattu Kalan, District Fatehabad.

Referring to the FIR, learned counsel for the petitioner submits that the injury under Sections 325 and 307 IPC, has not been attributed to the petitioner. He further submits that the petitioner is already behind the bars since 31.08.2022 and challan already stands filed. Moreover, the coaccused, namely, Vikas @ Kalu has already been granted the concession of regular bail by this Court vide order dated 04.01.2023 passed in CRM-M59774-2022. He also submits that the trial is likely to take long time and as such, petitioner may be released on bail during its pendency. On the other hand, learned counsel for the State does not SONIKA 2023.01.18 17:59 I attest to the accuracy and authenticity of this document

CRM-M-1904-2023 --2-- dispute the aforesaid facts, however, opposes the grant of regular bail to the petitioner.

I have heard learned counsel for the parties and gone through the paper book.

Considering the facts that the injury under Sections 325 and 307 IPC, has not been attributed to the petitioner; that the co-accused, namely, Vikas @ Kalu has already been granted the concession of bail, vide abovementioned order; challan already stands filed and trial is likely to take long time, no useful purpose is going to be served by extending the incarceration of the petitioner any further, who is in custody since 31.08.2022.

In view of the above, without expressing any opinion on the mertis of the case, the present petition is allowed. Petitioner, namely, Sonu @ Manda is ordered to be released on bail, subject to his furnishing bail bonds and surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate.

18.01.2023 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/ No SONIKA 2023.01.18 17:59 I attest to the accuracy and authenticity of this document