High Court of Punjab and HaryanaCRM-M/17622/2017allowed

Rinku @ Bhola v. State Of Haryana

2017-07-10Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-17622 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1.

CRM-M-17622 of 2017 Date of Decision: 10.07.2017 Rinku @ Bhola ....Petitioner

VERSUS

State of Haryana ....Respondent 2.

CRM-M-17467 of 2017 Suresh ....Petitioner

VERSUS

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

Present:

Mr. Naveen Kashyap, Advocate for the petitioner in CRM-M-17622-2017.

Mr. Balraj Singh Rathee, Advocate for the petitioner in CRM-M-17467-2017 Mr. Deepak Grewal, DAG, Haryana.

******* SURINDER GUPTA, J.(Oral) Present petitions have been filed under Section 439 Code of Criminal Procedure for grant of regular bail to petitioners in case FIR No. 763 dated 27.11.2016 registered for offences punishable under Sections 379-B, 435 read with Section 34 of Indian Penal Code (for short, "IPC") at Police Station Model Town Panipat, District Panipat. (Offence punishable under Section 506 IPC was added later on).

Heard.

Learned counsel for petitioners submits that petitioners were not named in the FIR and they have been nominated on the disclosure Jitender Kumar 2017.07.10 16:28 I attest to the accuracy and integrity of this document CHANDIGARH statement of co-accused Sandeep @ Kalu.

CRM-M-17622 of 2017 -2Petitioner-Rinku @ Bhola in CRM-M-17622 of 2017 was arrested on 03.01.2017 and petitioner-Suresh in CRM-M-17467 of 2017 was arrested on 28.11.2016.

Learned counsel for petitioners submit that complainant has been examined and he has turned hostile.

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-Rinku @ Bhola in CRM-M-17622 of 2017 and petitioner-Suresh in CRM-M-17467 of 2017 are ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) Petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of their absence on any date of hearing, the benefit of bail allowed to petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bonds and surety bonds and proceed to procure their presence in accordance with law. In that eventuality petitioners shall have to apply for bail afresh. (c) They shall not leave the country without the previous permission of the Court.

July 10, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.10 16:28 I attest to the accuracy and integrity of this document CHANDIGARH