High Court of Punjab and HaryanaCRM-M/12663/2017allowed

Shahzad v. State Of Haryana

2017-07-19Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-12663 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-12663 of 2017 Date of Decision: 19.07.2017 Shahzad ....Petitioner

VERSUS

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

Present:

Mr. Partap Singh, Advocate for the petitioner.

Mr. Amrik Narwal, DAG, Haryana.

******* 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.87 dated 15.03.2017 registered for offences punishable under Sections 279, 336, 427, 114 and 307 of Indian Penal Code (for short, "IPC") and 11D of Prevention of Cruelty to Animals Act, 1960, at Police Station Madhuban, Karnal City, District Karnal.

Heard.

As per case of prosecution, the petitioner alongwith two other persons was coming in a canter bearing registration no. HR-56A-2032. The police party, which was having secret information that this canter is being used for carrying cattle from Punjab to Utter Pradesh, gave signal to stop it. As per allegation in FIR, the person, who was sitting by the side of driver, asked him not to stop the canter. At this, the driver hit the canter against Home Guard Suraj Rana, who fell on left side of the road and received multiple injuries.

Jitender Kumar 2017.07.20 15:31 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-12663 of 2017 -2Learned counsel for the petitioner submits that the petitioner is neither driver of canter nor has been identified as person, who exhorted driver to hit member of police party with canter. The police after investigation has presented the challan against the petitioner. No injury or role in occurrence has been attributed to petitioner in FIR. Taking note of above facts but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Shahzad 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.

July 19, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.20 15:31 I attest to the accuracy and integrity of this document CHANDIGARH