High Court of Punjab and HaryanaCRM-M/19900/2018allowed

Sukhdev v. State Of Haryana

2018-07-30Mr. Justice Gurmit Ram2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-19900 of 2018 Date of decision: 30.07.2018 Sukhdev ..Petitioner

Versus

State of Haryana ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. V.S. Rana, Advocate for the petitioner.

Mr. Chetan Sharma, AAG, Haryana for the respondent -State.

*** Daya Chaudhary, J. (Oral) Petitioner-Sukhdev has approached this Court by way of filing the present petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.766 dated 20.08.2017 registered under Section 307 read with Section 120-B IPC and Section 25 of the Arms Act at Police Station Hisar City.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas no offence is made out against him and nothing incriminating has been recovered from the petitioner. Learned counsel further submits that the petitioner is ready to appear before the trial Court on each and every date and to abide by all terms and conditions to be imposed by this Court or by the trial Court. Learned counsel also submits that out of total 19 witnesses, six have been examined and the trial may take some time to conclude. No purpose would be served by keeping the petitioner in custody as the petitioner is in custody since 25.08.2017. Co-accused of the petitioner, namely, Sanjay has been released on bail by this Court vide order dated 25.10.2017. Neetu Rani 2018.08.01 11:30 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No. M-19900 of 2018 Learned State counsel has not disputed the custody period as well as the fact that the co-accused of the petitioner has been released on bail by this Court.

Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.

Admittedly, the petitioner is in custody since 25.08.2017 and nothing is to be recovered from him. Out of total 19 witnesses, six have been examined and the trial may take time to conclude. No purpose would be served by keeping the petitioner in custody. Co-accused of the petitioner, namely, Sanjay has been released on bail by this Court vide order dated 25.10.2017.

Accordingly, the present petition is allowed and the petitioner (Sukhdev) is directed to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court. 30.07.2018 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable Yes Neetu Rani 2018.08.01 11:30 I attest to the accuracy and authenticity of this document Chandigarh