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High Court of Punjab and HaryanaCRM-M/2445/2021allowed

Sunny v. State Of Haryana

2021-03-26Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 2445 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 2445 of 2021 Date of Decision: 26.3.2021 Sunny ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Vishal Garg Narwana, Advocate for the petitioner.

Mr. Ashok Singh Chaudhary, Addl. A.G., Haryana. Mr. Ravi Malik, Advocate for the complainant.

**** HARNARESH SINGH GILL , J. (ORAL) This is the second petition under Section 439 Cr.P.C. for regular bail in FIR No. 58 dated 26.9.2019 under Sections 147, 148, 149, 302, 323 IPC registered at Police Station GRP Jind, Distrcit GRP Ambala. Status report by way of affidavit of Deputy Superintendent of Police, Railways, Haryana, Hisar, dated 4.3.2021, filed in the Registry, is taken on record.

Learned counsel for the petitioner submits that there is a delay of 11 days in lodging the present FIR and the petitioner has been in custody since 13.10.2019. He further submits that neither the petitioner has been named in the FIR, nor he was present at the spot and the only attribution to him is of kicks and fist blows. Learned counsel further submits that co-accused, namely, Jobin, who has been specifically named in the FIR and GURPREET SINGH 2021.03.26 18:01 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 2445 of 2021 -2Vishal have been granted regular bail by the trial Court on 16.3.2020 and another co-accused Satnam Singh @ Satta has also been granted regular bail by a Co-ordinate Bench of this Court vide order dated 03.12.2020. Learned State counsel, who is assisted by learned counsel for the complainant, submits that though as per the status report, the petitioner was not named in the FIR yet one injured, namely, Ankit in his statement recorded under Section 161 Cr.P.C., has specifically named the petitioner as one of the co-accused and has also attributed kicks and fist blows to the petitioner. It is further submitted that out of 20 prosecution witnesses, no witness has been examined till date.

I have heard the learned counsel for the parties. In the present case, the petitioner has not been named in the FIR. Co-accused Jobin, Vishal and Satnam Singh @ Satta have already been granted regular bail. The petitioner has been in custody since 13.10.2019 and out of 20 prosecution witnesses, no witness has been examined so far. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE March 26, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.03.26 18:01 I attest to the accuracy and integrity of this document Chadigarh