Kuldeep Singh v. State Of Haryana

CRM-M-1495 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-1495 of 2017 Date of Decision: 24.01.2017 Kuldeep Singh ....Petitioner

VERSUS

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

Present:

Ms. Rupinder K. Thind, Advocate for the petitioner.

******* 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. 977 dated 26.10.2016, registered for offences punishable under Sections 148, 323, 324, 326, 506 read with Section 149 of Indian Penal Code (for short 'IPC'), at Police Station Hisar City, District Hisar. Heard.

Notice of motion.

On asking of the court, Mr. Tanuj Sharma, AAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

Learned State counsel submits that petitioner is the main accused, who alongwith his two co-accused, caused knife injuries in chest of the complainant. He was arrested on 04.11.2016 and police after completion of investigation has presented challan against him before the trial Court.

Jitender Kumar 2017.01.25 16:16 I attest to the accuracy and integrity of this document

CRM-M-1495 of 2017 -2Perusal of FIR shows that the complainant has alleged injuries caused by the petitioner with knife on his hand and stomach, but the injury was in fact on his chest. Co-accused has already been released on bail and investigation is complete.

In view of above 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-Kuldeep 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

January 24, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.01.25 16:16 I attest to the accuracy and integrity of this document