Kiran Pal v. State Of Haryana

CRM No.M-18550 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 18550 of 2017(O&M) Date of Decision: July 26 , 2017.

Kiran Pal ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Lajpat Sharma, Advocate for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

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1. Whether reporters of local papers 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? ***** LISA GILL, J.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.216 dated 15.12.2016 under Sections 341/307/323/324/ 326/354D/34 IPC and Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Rajaund, District Kaithal.

It is submitted that the petitioner was found innocent by the police during investigation. He was summoned by the learned trial court to face trial on an application moved under Section 319 Cr.P.C. Pursuant to order dated 23.05.2017 passed by this Court the petitioner, it is submitted, has appeared Omkar Singh 2017.07.27 10:22 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-18550 of 2017 [2] before the learned Sessions Judge, Kaithal and was admitted to interim bail on 30.05.2017. Certified copy of the order dated 30.05.2017, produced in Court today, is taken on record subject to just exceptions. The petitioner, it is submitted, undertakes to appear on each and every date fixed before the learned trial court and not misuse the concession of bail granted to him. It is thus prayed that this petition be allowed.

Learned counsel for the State, on instructions from ASI Naresh Kumar, affirms that the petitioner is not involved in any other criminal case and was indeed found innocent during investigation. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Interim bail afforded to the petitioner by the learned trial court on 30.05.2017 be made absolute subject to the petitioner furnishing fresh bail bonds and surety to the satisfaction of the learned trial court. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) July 26 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.07.27 10:22 I attest to the accuracy and authenticity of this document Chandigarh