High Court of Punjab and HaryanaCRM-M/9499/2019allowed

Satish v. State Of Haryana

2019-04-03Mr. Justice Anupinder Singh Grewal2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 229 Criminal Miscellaneous No.M-9499 of 2019 (O & M) Date of Decision: April 03, 2019 Satish ..... PETITIONER(S)

VERSUS

State of Haryana ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR.

JUSTICE ANUPINDER SINGH GREWAL . . .

PRESENT: - Mr. Jainainder Saini, Advocate, for the petitioner. Mr. D.R. Singla, Deputy Advocate General, Haryana. . . .

Anupinder Singh Grewal, J (Oral) The petitioner is seeking regular bail in FIR No.713 dated 6.11.2017 under Sections 109, 115, 116, 120-B, 195, 211, 384, 388, 389 IPC registered at Police Station, Samalkha, District Panipat. Learned counsel for the petitioner contends that for effecting a compromise in FIR No.703 dated 1.11.2017 under Sections 376, 452, 506 IPC, Police Station, Samalkha which was registered by the wife of petitioner, the petitioner and other accused were blackmailing the complainant as the uncle of the complainant was accused in the aforementioned FIR. He also contends that co-accused Ravita, Ashok and AVIN KUMAR 2019.04.03 17:58 I attest to the accuracy and integrity of this document

CRM No.M-9499 of 2019 [2] Kuchhal have been granted the concession of regular bail by a coordinate Bench of this Court vide orders dated 27.11.2018 and 11.7.2018 passed in Criminal Miscellaneous No.M-37686 of 2018 and Criminal Miscellaneous No.M-21181 of 2018, respectively. The petitioner is not involved in any other case and statements of 7 witnesses have already been recorded. The petitioner is in custody since 6.11.2017.

Learned State counsel, on instructions from ASI Bharat Bhushan, states that 7 out of 21 prosecution witnesses have been examined, however, he opposes the grant of regular bail to the petitioner as he was blackmailing innocent persons.

In view of the submissions of learned counsel for the petitioner, especially when the petitioner is in custody for almost 1 1⁄2 years; co-accused have already been granted the concession of regular bail; the petitioner is not involved in any other case; and conclusion of trial is likely to take some time, I deem it appropriate to grant the petitioner concession of regular bail.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. Petitioner, namely, Satish is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial court/Duty Magistrate. (Anupinder Singh Grewal) April 03, 2019 Judge avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2019.04.03 17:58 I attest to the accuracy and integrity of this document