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High Court of Punjab and HaryanaCRM-M/10054/2016allowed

Neeraj @ Sandeep @ Seenu v. State Of Haryana

2016-08-11Mr. Justice Jasgurpreet Singh Puri1 pages

CRM-M-10054 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-10054 of 2016 Date of decision: August 11, 2016 Neeraj @ Sandeep @ Seena .....Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE A.B. CHAUDHARI

Present:

Mr. Bijender Dhankhar, Advocate for the petitioner.

Ms. Tanushree Gupta, DAG Haryana.

**** A.B. CHAUDHARI, J (Oral) Heard learned counsel for the rival parties and perused the record as well as reasons recorded by the learned trial Judge. Prima-facie, I find that there is no evidence connecting the petitioner with the offence in question. Petitioner was arrested on 15.12.2012 and is in Jail since then. In the absence of any prima-facie evidence against him, there is no need to have continued his detention. Learned State counsel submits that almost half number of the witnesses have been examined before the trial Court. Though, half number of the witnesses have been examined before the trial Court, further detention of the petitioner, as he is in Jail for the last 2 year and a half year without any prima-facie evidence, would be unjust.

In that view of the matter, this petition is allowed. Petitioner be released on bail subject to the satisfaction of the learned Chief Judicial Magistrate concerned. Petitioner shall not tamper with the prosecution evidence.

(A.B. CHAUDHARI) JUDGE August 11, 2016 mahavir Whether speaking/ reasoned:

Yes/No Whether Reportable:

Yes/No Mahavir Singh 2016.08.12 16:28 I attest to the accuracy and authenticity of this document Chandigarh