High Court of Punjab and HaryanaCRM-M/18527/2017allowed

Bijender @ Vijay v. State Of Haryana

2017-07-18Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-18527 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-18527 of 2017 Date of Decision: 18.07.2017 Bijender @ Vijay ....Petitioner

VERSUS

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

Present:

Mr. Bijender Dhankar, Advocate for the petitioner.

Mr. Amrik Narwal, DAG, 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.113 dated 19.04.2017 registered for offences punishable under Sections 336 and 420 of Indian Penal Code (for short, "IPC"); 15(2) and 15 (3) of Indian Medical Act, at Police Station Chand Hut, District Palwal. Heard.

Allegation against the petitioner is that he was running a clinic without having any requisite qualification or licence. Learned counsel for the petitioner submits that the petitioner is running a chemist shop and is having licence for the same. The medicines were recovered from his possession, which he is authorized to keep in his shop. He further submits that the police after completion of investigation has presented the challan against the petitioner. 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 Jitender Kumar 2017.07.19 10:31 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-18527 of 2017 -2considerably long time, the present petition is allowed. Petitioner-Bijender @ Vijay 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

July 18, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.19 10:31 I attest to the accuracy and integrity of this document CHANDIGARH