Jatin v. State Of Haryana

CRM-M No.2261 of 2022 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.2261 of 2022 (O&M) Date of Decision.24.01.2022 (Heard through VC) Jatin

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Jagjit Singh Gill, Advocate for the petitioner.

Mr. Vishal Malik, DAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.414 dated 22.10.2021 under Section 379-A IPC registered at Police Station Civil Line Sirsa, District Sirsa.

Learned counsel for the petitioner herein would contend false implication, as neither name of the petitioner has been mentioned in the FIR nor has he been apprehended on the spot. The petitioner herein is in custody since 09.11.2021. The investigation has been completed and the challan stands presented, therefore, custody of the petitioner would no longer be required. The trial is likely to take some time to conclude, thus, prays for regular bail to the petitioner.

Learned counsel appearing on behalf of the respondent-State while opposing regular bail to the petitioner would contend that the matter stands investigated and the mobile phone has been recovered from the petitioner, however, the co-accused is yet to be arrested. PANKAJ KUMAR 2022.01.24 16:27 I attest to the accuracy and integrity of this document

CRM-M No.2261 of 2022 (O&M) -2I have heard learned counsel for the parties and have perused the paper book. Keeping in view the fact that the petitioner is in custody since 09.11.2021 and the matter has been investigated and the challan stands presented as well as the fact that the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on her execution of adequate personal/surety bonds to the satisfaction of concerned trial court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE January 24, 2022 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.01.24 16:27 I attest to the accuracy and integrity of this document