Aman v. State Of Haryana

CRM-M No.12710 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.12710 of 2021 (O&M) Date of Decision.25.03.2021 Aman

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Lalit Kumar Yadav, Advocate for the petitioner.

Mr. P.P. Chahar, DAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) At the first instance, learned counsel appearing for the petitioner would orally pray for addition of Section 120-B IPC in the head note and prayer clause of the petitioner. The same is allowed and the registry is directed to carry out necessary correction in the head note and prayer clause of the petitioner.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.230 dated 11.08.2020 under Sections 148, 149, 279, 323, 325, 336 and 506 IPC (Section 307 IPC added later on) registered at Police Station Pinjore, District Panchkula. Learned counsel appearing for the petitioner would contend that the petitioner was not named as one of the accused in the FIR, which was registered on 11.08.2020. It is only on the basis of supplementary statement suffered by the complainant after a period of four months i.e. on 05.12.2021 that his name surfaced. It is further argued that the only injury attributed to the petitioner in the supplementary statement would be simple PANKAJ KUMAR 2021.03.26 11:51 I attest to the accuracy and integrity of this document

CRM-M No.12710 of 2021 (O&M) -2injury. It is argued that the co-accused nominated in the FIR at the very first instance has already been allowed regular bail by the trial Court and therefore, prays that same parity be accorded to him. Learned counsel for the respondent-State opposes grant of regular bail to the petitioner by contending that no ground is made out for grant of regular bail.

I have heard learned counsel for the parties. Keeping in view the fact that the injuries attributed to the petitioner are simple in nature and the main accused has already been allowed bail by the trial Court and the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) JUDGE March 25, 2021 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.03.26 11:51 I attest to the accuracy and integrity of this document