Saroj Kumar Chaudhary v. State Of Haryana

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-19730 of 2015 .....

Date of decision:17.9.2015 Saroj Kumar Chaudhary

...Petitioner

v.

State of Haryana

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Ms. Sharmila Sharma, Advocate for the petitioner. Mr. Himmat Singh, Assistant Advocate General, Haryana for the respondent-State.

.....

Inderjit Singh, J.

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.37 dated 12.2.2015 (Annexure-P.1) registered for the offences under Sections 147, 148, 149, 323, 506, 109, 435, 436, 451, 427 and 120-B IPC at Police Station Udyog Vihar, Gurgaon. Notice of motion to Advocate General, Haryana. On the asking of the Court, Mr. Himmat Singh, learned Assistant Advocate General, Haryana has put in appearance and accepted notice on behalf of the respondent-State and contested this petition. I have heard learned counsel for the petitioner as well as

Cr. Misc. No.M-19730 of 2015 [2] learned Assistant Advocate General, Haryana appearing for the respondentState and have gone through the record. From the record, I find that FIR in the present case has been got registered by Piyush Sanon, General Manager, Operations. The main case of the prosecution is that on 10.2.2015 at about 9.40 a.m., Shammi Chand came to factory after two days' absence and guard stopped him and dispute arose between Shammi Chand and the guard. Thereafter, Shammi Chand along with his wife, who was also working in the factory, went to his house. Because of quarrel, 150-200 workers of factory came on the gate and they broke the gate of the factory and damage was caused to so many vehicles. Then workers of other factory also joined the mob and they set on fire some vehicles and about 100 vehicles got damaged. It is also the allegation that during the incident, they attempted to kill one Rajesh Malhotra, who is Production Manager, in the factory.

The present petitioner is in judicial custody since 18.3.2015. He is not required for investigation or interrogation purposes as he is in judicial custody. Challan is stated to have been filed. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case. Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of `50,000/- with

Cr. Misc. No.M-19730 of 2015 [3] one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

September 17, 2015.

(Inderjit Singh) Judge *hsp*