High Court of Punjab and HaryanaCRM-M/8279/2021allowed

Vikas v. State Of Haryana

2021-02-25Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8279-2021(O&M) Date of decision: 25.02.2021 Vikas ... Petitioner Vs.

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Sachin Dull, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, Haryana.

****** ARVIND SINGH SANGWAN, J. (ORAL) Prayer in this petition is for grant of regular bail in FIR No.552 dated 15.09.2020 under Sections 379-A, 34, 341 IPC, registered at Police Station Samalkha, District Panipat. Learned counsel for the petitioner submits that as per the allegations in the FIR, the complainant stated that he is in the business of selling Jaggery at village Bursham from village Khalila on cart. On 15.09.2020, when he was going to sell jaggery at village Bursham, two young boys came on a motorcycle and stopped him in the way and snatched certain money from him and fled away. Learned counsel further submits that later on, the police arrested the petitioner as well as the co-accused Karishan on 07.10.2020 and the above said motorcycle and Rs.5000/- were also taken into their possession.

CRM-M-8279-2021(O&M) -2Learned Counsel further argued that challan has already been presented and the petitioners were not named in the FIR and are no more required for further investigation and their identities has to be established during the trial.

Learned State counsel filed custody certificate in court today and as per the same, the petitioner is under custody for last four months and seventeen days and on instructions, has not disputed the factual position and submits that there are twelve prosecution witnesses and none has been examined so far.

Without commenting anything on merits of the case, considering the fact that there are twelve prosecution witnesses and none has been examined so far, this petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.

Petition is disposed of.

[ ARVIND SINGH SANGWAN ] 25.02.2021 JUDGE Riya Grover Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No