High Court of Punjab and HaryanaCRM-M/10115/2016allowed

Sonu v. State Of Haryana

2016-05-03Mr. Justice S.P. Bangarh2 pages

CRM-M 10115/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:03/05/2016.

Sonu ............Petitioner vs State of Haryana .............Respondent CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.JS Saneta,Advocate for the petitioner.

Mr.Yashwinder Singh,DAG Haryana with ASI Shamsher Singh Jaswant Singh,J(Oral) Prayer is for grant of regular bail on behalf of accusedpetitioner-Sonu in case FIR No.776 dated 21.9.2015 under Section 394 IPC, PS Model Town,Distt.Panipat.

As per allegations levelled by complainant-Shubham, petitioner-accused alongwith his three other non-applicants/co-accused intercepted the complainant-a Home Guard personnel, snatched his mobile,motorcycle, Rs.150/- as also gave beatings to him. The snatched motorcycle was recovered from the petitioner during a nakabandi. It is contended that recoveries have already been effected; the petitioner is in custody since 4.10.2015 and challan also stands RAJINDER PRASHAD JOSHI 2016.05.04 11:41 I attest to the accuracy and integrity of this document

CRM-M 10115/2016 presented; co-accused Satish from whom recovery of snatched mobile was effected has already been granted the concession of regular bail by this Court vide order dated 17.3.2016 in CRM-M 6225/2016. Learned State counsel, on instructions, is unable to refute the custody period, presentation of challan; grant of concession of regular bail to identically situated co-accused and the fact that trial is not likely to be concluded in near future as only five out of ten cited witnesses have so far been examined.

Without commenting on the merits of the case, keeping in view the custody period, parity of treatment, the fact that trial is not likely to be concluded in near future and no useful purpose would be served by keeping the petitioner in custody, present petition is allowed and petitioner is directed to be released on bail to the satisfaction of CJM/Duty Magistrate concerned.

Disposed of.

03.05.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.05.04 11:41 I attest to the accuracy and integrity of this document