Kuldeep v. State Of Haryana

CRM-M-1904 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1.

CRM-M-1904 of 2017 Date of Decision: 27.03.2017 Kuldeep ....Petitioner

VERSUS

State of Haryana ....Respondent 2.

CRM-M-1924 of 2017 Rakesh @ Ladu ....Petitioner

VERSUS

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

Present:

Mr. Lajpat Sharma, Advocate for the petitioners in both the petitions.

Ms. Neelam Kashyap, DAG, Haryana.

Mr. V.K. Sheoran, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) Present petitions have been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.143 dated 23.08.2016 registered for offences punishable under Sections 307, 506 read with Section 34 of Indian Penal Code (for short, "IPC") and 25 of the Arms Act, at Police Station Loharu, District Bhiwani. Heard.

Learned counsel for petitioners submits that it is a no injury case. Allegations against petitioners is that they fired shot at the complainant, which missed. The complainant and material witnesses have Jitender Kumar 2017.03.27 14:08 I attest to the accuracy and integrity of this document CHANDIGARH already been examined. Petitioner-Kuldeep (CRM-M-1904-2017) has been

CRM-M-1904 of 2017 -2in custody since 07.09.2016 while petitioner-Rakesh @ Ladu (CRM-M1924-2017) has been in custody since 06.09.2016. Learned State counsel submits that out of 17 witnesses 7 have been examined. It is further submitted that both the petitioners have a number of cases against them. There are four cases against petitionerRakesh @ Ladu while seven cases are against petitioner-Kuldeep. Learned counsel for petitioners submits that in all the cases except this one, petitioners are on bail.

Keeping in view the fact that material witnesses have been examined and the conclusion of trial will take considerably long time, the present petitions are allowed. Petitioners, Kuldeep and Rakesh @ Ladu 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(b) In the event of their absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

March 27, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.03.27 14:08 I attest to the accuracy and integrity of this document CHANDIGARH