Ranjeet And Another v. State Of Haryana

CRM-M No.9482 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.9482 of 2021 (O&M) Date of Decision.09.03.2021 (Heard through VC) Ranjeet and another

...Petitioners

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Akshy Kumar Jindal, Advocate for the petitioners.

Mr. Gurbir Singh Dhillon, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case FIR No.76 dated 11.05.2020 under Sections 147, 148, 149, 323, 506 IPC (Section 307 IPC added later on) registered at Police Station, Gurgaon City, District Gurgaon. Counsel for the petitioners inter alia would argue that the petitioners herein have not been named as the persons, who had inflicted grievous injury upon Pankaj, brother of the complainant. The grievous injury has been attributed to one Ankit, who had an iron rod in his hand and had attacked upon Pankaj. It is further argued that Vikram @ Vicky, who was also having an iron rod in his hand, has already been allowed the benefit of regular bail by the Additional Sessions Judge, Gurugram vide order dated 30.09.2020.

The allegation against both the petitioners herein is that they along with other persons had given beatings to Pankaj without any specific injury being attributed to them. It is also submitted that challan has PANKAJ KUMAR 2021.03.

CRM-M No.9482 of 2021 (O&M) -2been presented and custodial interrogation of the petitioners would no longer be required.

Learned counsel for the respondent-State opposes grant of bail to the petitioners, however, he is not in a position to dispute the fact that Ankit is the main accused, who had inflicted grievous injury upon Pankaj, brother of the complainant.

I have heard learned counsel for the parties. Keeping in view the fact that grievous injury inflicted upon Pankaj, brother of the complainant has not been attributed to the petitioners herein and the co-accused has been allowed benefit of bail by the Additional Sessions Judge, Gurugram and the trial is likely to take some time to conclude, no useful purpose would be served by keeping the petitioners behind bars. The instant petition is allowed and the petitioners are directed to be released on regular bail on execution of adequate personal/surety bond 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 March 09, 2021 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.03.12 18:01 I attest to the accuracy and integrity of this document