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High Court of Punjab and HaryanaCRM-M/20528/2015allowed

Jitender v. State Of Haryana

2015-07-07Mr. Justice T.H.B. Chalapathi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20528 of 2015 (O&M) Date of Decision: 7.7.2015 Jitender .....Petitioner Vs.

State of Haryana .....Respondent CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. Brijender Kaushik, Advocate for Mr. Lekh RajSharma, Advocate for the petitioner.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks bail pending trial in FIR No. 4 dated 2.1.2015 under Sections 420/467/471/120-B/34 IPC, registered at Police Station Sadar, District Sonepat.

Notice to the Advocate General, Haryana.

On the asking of the Court, Mr. Parveen Aggarwal, AAG, Haryana, accepts notice.

Learned counsel for the petitioner, while placing reliance on order dated 16.6.2015 passed by this Court in CRM-M-19541 of 2015 ( Ravinder Vs. State of Haryana) and order dated 26.6.2015 passed in CRM-M-20319 of 2015 (Parveen Vs. State of Haryana), contends that petitioner is identically placed with his abovesaid coaccused namely Ravinder and Parveen. Thus, petitioner is entitled for the similar concession of bail pending trial. He prays for allowing the present petition.

AMIT KUMAR 2015.07.07 17:25 I attest to the accuracy and authenticity of this document

CRM-M-20528 of 2015 (O&M) On the other hand, learned counsel for the State, on instructions from ASI Suresh Singh, submits that case of the present petitioner is distinguishable from the cases of his abovesaid coaccused. He prays for dismissal of the present petition. Having heard the learned counsel for the parties, after careful perusal of the record of the case and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that in the given fact situation of the present case, petitioner has been found identically placed with his abovesaid co-accused, who have already been granted the concession of bail pending trial. Further, despite having made his best efforts, learned counsel for the State could not distinguish the case of the present petitioner from that of his abovesaid co-accused.

In view of the above and without commenting anything further on the merits of the case, lest it should prejudice the rights of either of the parties, present petition is allowed. Petitioner is directed to be released on bail pending trial, on his furnishing adequate bail bonds/surety bonds to the satisfaction of learned trial court/Duty Magistrate, Sonepat.

Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 7.7.2015 Ak Sharma AMIT KUMAR 2015.07.07 17:25 I attest to the accuracy and authenticity of this document