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High Court of Punjab and HaryanaCRM-M/6894/2019allowed

Rambir And ANR v. State Of Haryana

2019-03-26Mr. Justice Ramendra Jain2 pages

CRM-M-6894 of 2019 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-6894 of 2019 DATE OF DECISION:-26.03.2019 RAMBIR AND ANOTHER ...PETITIONERS...

V.

STATE OF HARYANA ...RESPONDENT...

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Pratham Sethi, Advocate, for the petitioners.

Mr. Munish Sharma, AAG, Haryana.

***** RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioners, in a case, arising from FIR No.298 dated 26.08.2014, registered under Sections 457 and 380 IPC, Police Station Bawani Khera, District Bhiwani. Learned counsel contends that the absence of petitioner No.1 on 17.11.2018 and petitioner No.2 on 14.12.2018 was neither intentional nor deliberate, rather, was on account of exigency beyond their control. Both the petitioners are in custody since 16.01.2019. Conclusion of trial may take a sufficient time. No useful purpose would be served by detaining the petitioners in jail any more during trial. On the other hand, learned State counsel opposing the bail to the petitioners, contends that the trial is at the fag end, as only 01 SONIKA 2019.03.27 18:10 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-6894 of 2019 --2-- prosecution witness has remained un-examined. The petitioners may also abscond, in future, if, they are released on bail. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioners are ordered to be released on interim bail after examination of entire prosecution witnesses and recording the statement of accused under Section 313 Cr.P.C., on their furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

Disposed of.

26.03.2019 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2019.03.27 18:10 I attest to the accuracy and authenticity of this document Chandigarh