High Court of Punjab and HaryanaCRM-M/15646/2017allowed

Rohit v. State Of Haryana

2017-09-13Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-15646 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-15646 of 2017 Date of Decision: 13.09.2017 Rohit ....Petitioner

VERSUS

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

Present:

Mr. Lalit K. Gupta, Advocate for the petitioner.

Mr. Ashish Yadav, Addl. AG, 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.351 dated 16.12.2016 registered for offences punishable under Sections 398 and 401 of Indian Penal Code (for short, "IPC") at Police Station Sadar Panipat, District Panipat. (Offences punishable under Sections 379-B IPC and 25 of the Arms Act were added later on).

Heard.

As per case of prosecution, petitioner alongwith two other accused were apprehended, when they were trying to stop the going vehicles on road and loot the public. The petitioner had allegedly stopped the police vehicle by giving signal with his torch.

The petitioner was arrested on 17.12.2016 and is in custody since then.

Learned State counsel submits that after completion of investigation police has presented the challan against petitioner in Court and Jitender Kumar 2017.09.13 16:35 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-15646 of 2017 -23 out of 10 witnesses have already been examined. 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-Rohit 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

September 13, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.09.13 16:35 I attest to the accuracy and integrity of this document CHANDIGARH