High Court of Punjab and HaryanaCRM-M/21008/2018allowed

Amit v. State Of Haryana

2018-08-02Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.21008 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.21008 of 2018 (O&M) Decided on: 02.08.2018 Amit ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Abhishek Yadav, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) CRM No.18158 of 2018 Heard.

Allowed as prayed for.

CRM-M No.21008 of 2018 Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.545 dated 01.08.2016, for offence punishable under Sections 379-B of the Indian Penal Code (in short 'IPC') and 25 of the Arms Act, registered at Police Station City Hansi, District Hisar. Counsel for the petitioner has submitted that the petitioner is in judicial custody since 03.10.2016 and he is on bail in 03 other FIRs, pending against him, which were registered in the year 2016. It is further submitted that as per the allegation in the FIR, a mobile phone was snatched from the complainant at gun point and during the investigation, no such fire arm was recovered from the petitioner. It is Mohd. Yakub 2018.08.02 16:54 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.21008 of 2018 (O&M) also submitted that challan has already been presented and till date, no prosecution witness has been examined.

Counsel for the State has filed the Custody Certificate today in the Court and on instructions from ASI Om Parkash, has submitted that as per the Custody Certificate, the petitioner is in judicial custody for the last about 01 year and 10 months, he is on bail in 03 other FIRs and no witness of the prosecution has been examined so far. Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial custody for the last about 1 year and 10 months; till date no witness of the prosecution has been examined; the trial is moving at a very slow pace and the petitioner is on bail in other FIRs, registered against him, this petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 02.08.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.08.02 16:54 I attest to the accuracy and authenticity of this document Chandigarh