High Court of Punjab and HaryanaCRM-M/20718/2018allowed

Vikas v. State Of Haryana

2018-07-27Mr. Justice Augustine George Masih2 pages

CRM-M-20718 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-20718 of 2018 Date of Decision: 27.07.2018 Vikas ....Petitioner

VERSUS

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

Present:

Mr. Yashdeep Nain, Advocate for the petitioner.

Ms. Dimple Jain, AAG, 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.1013 dated 07.10.2017 registered for offences punishable under Sections 392/397/34 of Indian Penal Code (for short, "IPC") and 25 of the Arms Act, at Police Station Sadar Hisar, District Hisar. Heard.

Learned counsel for petitioner submits that statement of complainant-Rajender Singh son of Roshan Lal has been recorded as PW-8, who has not supported the case of prosecution and turned hostile. The petitioner was arrested in this case on 11.10.2017. Statements of nine out of 12 witnesses have been recorded so far.

Learned State counsel on instructions from SI Pawan Kumar submits that statement of complainant has been recorded and there is no other eye-witness of the occurrence.

Keeping in view above facts but without expressing any Jitender Kumar 2018.07.27 17:41 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-20718 of 2018 -2opinion on merits of the case, the present petition is allowed. PetitionerVikas 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 27, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.07.27 17:41 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH