High Court of Punjab and HaryanaCRM-M/16398/2015allowed

Wahid v. State Of Haryana

2015-05-26Mr. Justice P.B. Bajanthri2 pages

Cr.M.No.16398 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Cr.M.No.M-16398 of 2015 (O&M) DATE OF DECISION : 26.5.2015 Wahid PETITIONER

VERSUS

State of Haryana RESPONDENT CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

1. Whether reporters of Local Newspapers may be allowed to see the judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ? Present:- Shri Sandeep Singh Jattan, Advocate for the petitioner. Shri Pawan Girdhar, Additional A.G. Haryana.

MAHESH GROVER, J.

This is a petition filed under section 439 Cr.P.C. with a prayer for release of the petitioner on bail in a case registered vide F.I.R. No.384 dated 10.12.2014 under Sections 186,307,332,353 I.P.C. and Sections 25,54,59 of the Arms Act at Police Station Mahesh Nagar, Ambala. The petitioner is alleged to be a part of a group engaged in cattle GHANSHYAM DASS 2015.05.26 16:05 I attest to the accuracy and authenticity of this document high court chandigarh

Cr.M.No.16398 of 2015 -2smuggling and when the police attempted to stop him, he broke the cordon and tried to overrun the police officials. One of the members of the said group is alleged to have fired a shot also. Eventually, the vehicle was abandoned and the petitioners escaped.

Learned counsel for the petitioner contends that the petitioner is in custody since December, 2014 and challan has been presented and no cattle was recovered from the vehicle and his co-accused has been allowed regular bail in Cr.M.No.M-11252 of 2015.

Learned counsel for the State, on the other hand, on instructions from ASI Rajender Kumar, contends that two more cases of the like nature are pending against the petitioner and he is part of an organized gang involved in cattle smuggling across the border of the State.

After hearing the learned counsel for the parties and noticing the fact that the petitioner is in custody since December, 2014 and the trial is likely to take some time and also noticing the fact that no weapon has been recovered from the petitioners except for an iron rod and a Danda, and that his co-accused has already been granted regular bail, I deem it appropriate to release the petitioner on bail to the satisfaction of the trial Court. It is made clear that the petitioner would be required to furnish heavy sureties considering his earlier involvement in cases of the like nature. The trial Court shall ensure a surety bond of Rs.2 lacs along with two sureties of the like amount.

Petition allowed.

(MAHESH GROVER) May 26, 2015 JUDGE GD GHANSHYAM DASS 2015.05.26 16:05 I attest to the accuracy and authenticity of this document high court chandigarh