High Court of Punjab and HaryanaCRM-M/14287/2018allowed

Kanwar Singh v. State Of Haryana

2018-08-23Mr. Justice Augustine George Masih2 pages

CRM-M-14287 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-14287 of 2018 (O&M) Date of Decision: August 23, 2018 Kanwar Singh ....Petitioner

VERSUS

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

Present:

Mr. Jai Singh Yadav, Advocate for the petitioner (s).

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. 527 dated 17.09.2017 registered for the offences punishable under Sections 148, 323, 324, 307, 452, 506 read with Section 149 of Indian Penal Code (for short, "IPC") at Police Station Mahendergarh, District Mahendergarh. Heard.

Learned counsel for petitioner submits that the occurrence took place on 14.09.2017 at about 8.30 p.m., when petitioner along with several other persons trespassed into the house of Subh Ram and caused injuries to him and his son Sonu. Injury No. 1 on the person of Subh Ram and Raghubir were declared dangerous to life. These injuries were attributed to accused Rajender. A Danda was recovered from the petitioner and he has been attributed head injury on the person of Rekha wife of Heera Lal, which was declared as simple in nature.

Jyoti 2018.08.24 10:05 I attest to the accuracy and authenticity of this document

CRM-M-14287 of 2018 -2The petitioner was arrested on 16.11.2017 and after completion of investigation, the challan has been presented in the Court but no evidence has been recorded so far.

Keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Kanwar 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

The other applications moved by the petitioner not pressed. August 23, 2018 ( SURINDER GUPTA ) Jyoti-II JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jyoti 2018.08.24 10:05 I attest to the accuracy and authenticity of this document