High Court of Punjab and HaryanaCRM-M/12448/2017disposed of

Aabid @ Galu v. State Of Haryana

2017-04-21Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-12488 of 2017 Date of decision : April 21, 2017 Aabid @ Galu ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Parveen Sharma, Advocate, for the petitioner Mr. Munish Sharma, AAG, Haryana, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Aabid @ Galu in this regular bail application under section 439 Cr.P.C. are that on 5.4.2016 at police naka the petitioner along with his co-accused non-applicants Chhibba, Akram and Ajar were signalled who were going on motorcycle bearing registration No. HR-27-0141 and who fired at the police party and managed to escape and subsequently the petitioner was arrested. The contentions of the counsel for the petitioner are that the petitioner is not named in the FIR and at belated stage the name of the petitioner has cropped up and nothing is recovered from the petitioner who is in custody since 5.1.2017.

The learned State counsel has sought to oppose the bail application but squarely admitted that nothing has been recovered from the Dalbir Singh Tiwana 2017.04.24 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-12488 of 2017 -2petitioner and that no test identification parade has been conducted till date. Appreciating the submissions, admittedly the petitioner was neither identified at the time of occurrence and no test identification parade has been conducted to reveal his identity at the time of occurrence nor any recovery has been effected from the petitioner who is in custody since 5.1.2017 and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Nuh.

The present petition stands disposed off accordingly. The observations made herein above shall not be binding on the trial court at the time of trial as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) April 21, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.04.24 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.