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High Court of Punjab and HaryanaCRM-M/11258/2017allowed

Pargat Singh v. State Of Haryana

2017-04-06Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-11258 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-11258 of 2017 Date of Decision: 06.04.2017 Pargat Singh ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Arvind Singh, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 21 dated 10.01.2017 registered for offences punishable under Sections 379 and 379-A of Indian Penal Code (for short, "IPC") at Police Station Assandh, District Karnal.

Heard.

Notice of motion.

On asking of the court, Mr. Tanuj Sharma, AAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him Learned State counsel submits that the petitioner was owner of motorcycle bearing registration no. HR-33-D-4452, which was used for snatching bag of the complainant containing currency and other articles. Learned State counsel on instructions from ASI Suresh Kumar submits that petitioner was arrested in this case on 03.02.2017 and two other Jitender Kumar 2017.04.06 15:44 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-11258 of 2017 -2accused, who allegedly committed the offence, have also been arrested by the police.

Keeping in view the fact that allegation against the petitioner at this stage is about title of motorcycle used in the occurrence and not of his involvement in the occurrence except his own disclosure statement but without expressing any opinion on merits of the case and that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Pargat Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

April 06, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.04.06 15:44 I attest to the accuracy and integrity of this document CHANDIGARH