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High Court of Punjab and HaryanaCRM-M/14081/2017allowed

Kaleem @ Kalim v. State Of Haryana

2017-07-25Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-14081 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-14081 of 2017 (O&M) Date of Decision: 25.07.2017 Kaleem @ Kalim ....Petitioner

VERSUS

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

Present:

Mr. Rajesh Lamba, Advocate for the petitioner.

Mr. Ashish Yadav, Addl. A.G., 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. 562 dated 25.08.2016 registered for offences punishable under Sections 379-B and 201 of Indian Penal Code (for short, "IPC") at Police Station Central Faridabad, District Faridabad.

Heard.

Learned counsel for petitioner submits that allegations against the petitioner and his co-accused were similar in nature, however, the other accused, namely, Ajit @ Ajay, Arif and Anish have been allowed bail by the trial Court.

Learned State counsel on instructions from SI Mahi Pal submits that co-accused, namely, Ajit @ Ajay and Arif are on bail. However, he is not having any information as to whether co-accused-Anish has been released on bail or not.

As per case of prosecution, the incident took place on Jitender Kumar 2017.07.25 17:28 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-14081 of 2017 -225.08.2016, when complainant, who was going in his car, was made to sit on the rear seat and was given beating. Assailants snatched gold chain, cash and mobile phone of complainant and fled away from the spot. Keeping in view the fact that co-accused, namely, Ajit @ Ajay and Arif with similar allegations have been allowed bail and that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Kaleem @ Kalim, who is in custody since 06.10.2016, 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 25, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.25 17:28 I attest to the accuracy and integrity of this document CHANDIGARH