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High Court of Punjab and HaryanaCRM-M/2711/2020allowed

Jage Ram v. State Of Haryana

2020-01-28Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 2711 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 2711 of 2020 Date of Decision: 28.1.2020 Jage Ram ......Petitioner

Versus

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

Present:

Mr. S.K.Kaushik, Advocate for the petitioner.

Mr. Rahul Mohan, DAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) The petitioner seeks regular bail in FIR No. 15 dated 17.1.2019 under Sections 302, 201, 34 and 120-B IPC and Section 25 of the Arms Act, registered at Police Station Sector-5, Gurugram, District Gurugram. Learned counsel for the petitioner submits that in the present case, the star witnesses i.e. PW-2 Rajpal and PW-3 Sanjay Rathi have resiled from their earlier statements. Moreover, co-accused Kanhiya @ Kanhi, Kamlesh and Sweety have already been granted regular bail by this Court. Learned counsel further submits that the petitioner has been in custody since 20.1.2019.

Learned State counsel, on instructions from SI Dev Charan, submits that it was the petitioner, on whose disclosure statement, the dead body was recovered. He further states that out of 34 prosecution witnesses, 03 witnesses have been examined and the next date before the trial Court is GURPREET SINGH 2020.01.30 10:11 I attest to the accuracy and authenticity of this document chandigarh

CRM-M No. 2711 of 2020 -2fixed for 13.2.2020.

It is a case in which the star witnesses have resiled from their earlier statements and one of the witness has disputed his signatures on the recovery memo. The co-accused of the petitioner has been granted regular bail by this Court. The petitioner has been in custody since 20.1.2019. Out of 34 prosecution witnesses, only 03 witnesses have been examined. The trial will take time to conclude. 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 January 28, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.01.30 10:11 I attest to the accuracy and authenticity of this document chandigarh