Ajay v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-6953 of 2019 (O&M) Date of Decision: February 21, 2019 Ajay

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Aman Pal, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.308 dated 05.12.2016 under Sections 307, 216 and 34 IPC, registered at Police Station Bawani Khera, District Bhiwani.

Notice of motion.

Mr.Navdeep Singh, Asstt. Advocate General, Haryana, has put in appearance on behalf of the respondent-State and contested the petition. Mr.Ajit Sihag, Advocate has appeared and filed Vakalatnama on behalf of the complainant and also contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. As per prosecution version, present petitioner along with coVINEET GULATI 2019.02.22 16:22 I attest to the accuracy and authenticity of this document Chandigarh accused came on motorcycle and fired upon the complainant.

CRM No.M-6953 of 2019 -2The petitioner has been in custody since 11.01.2017 i.e. for the last more than two years. Learned counsel for the petitioner contended that application under Section 319 Cr.P.C. has already been allowed by learned trial Court and that order has been challenged before this Court, in which proceedings have been stayed. He also contended, in near future, the trial will not be completed.

The petitioner is not required for custodial interrogation as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. February 21, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.02.22 16:22 I attest to the accuracy and authenticity of this document Chandigarh