Ashwani v. State Of Haryana

CRM-M-1593 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-1593 of 2015 Date of Decision : 24.07.2015 Ashwani .....Petitioner

Versus

State of Haryana .....Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Parveen Sharma, Advocate for Mr. Arvind Singh, Advocate for the petitioner.

Mr. S.S. Pannu, DAG, Haryana.

R.P. Nagrath, J. (Oral) Prayer in the instant petition is for grant of bail under Section 439 Cr.P.C. in FIR No. 102 dated 01.12.2014 for offences under Sections 399, 402 and 411 of Indian Penal Code (IPC) and Section 25 of the Arms Act, registered at Police Station GRP Panipat.

When the matter was listed on 22.01.2015, following order was passed:- "Petitioner alongwith other four boys was planning to commit dacoity on train. He was arrested alongwith stolen mobile phone but he was not found in possession of any weapon. He has been in custody w.e.f. 01.12.2014. The petitioner is also involved in another case under Section 379 IPC on the allegations of picpocketing in train. Without expression of any opinion on the merits of the case, adopting reformative approach to watch the conduct of the petitioner, I deem it appropriate to release the petitioner on interim temporary bail for a period of six months. A report will be submitted regarding his JITENDER KUMAR 2015.07.24 16:32 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-1593 of 2015 -2involvement in any other case during said period on 24.07.2015. Petitioner will be released on interim temporary bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court till 31.07.2015. For arguments, adjourned to 24.07.2015.

It is made clear that in case of commission of any offence by the petitioner during the said period, the interim order will be liable to be cancelled." Learned State counsel on instructions from ASI Tara Chand submits that the petitioner is a convict in FIR No. 20 dated 25.04.2014 for offence under Section 379, Police Station GRP, Karnal but the petitioner is not shown to be involved in any such case after registration of instant FIR.

In view of the above, interim bail granted to the petitioner vide order dated 22.01.2015 is made absolute. Learned counsel for the petitioner submits that the petitioner has furnished bail bonds before the trial Court. It is directed that bail bonds furnished before the trial Court shall continue during pendency of trial but in case, the petitioner fails to appear on any date his bail can be cancelled by the trial Court.

Allowed in the above terms.

July 24, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.07.24 16:32 I attest to the accuracy and authenticity of this document Chandigarh