Tameel v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (i) CRM No.M-22250 of 2018 (O&M) Tameel

...Petitioner

VERSUS

State of Haryana

...Respondent

(ii) CRM No.M-22323 of 2018 (O&M) Naseem

...Petitioner

VERSUS

State of Haryana

...Respondent

Date of Decision: July 04, 2018

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Saleem Ahmed, Advocate for the petitioners.

Mr.Surender Singh, Asstt. Advocate General, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Both the above-mentioned cases are taken up together as the same have arisen from same FIR.

Petitioners have filed these petitions under Section 439 Cr.P.C. for grant of regular bail in case FIR No.997 dated 30.11.2017 under Sections 186, 307, 353, 398, 401, 34 IPC and Section 25 of the Arms Act, Vineet Gulati 2018.07.05 10:46 I attest to the accuracy and authenticity of this document Chandigarh registered at Police Station DLF, Sector-29, Gurugram.

CRM No.M-22250 of 2018 and connected petition -2Notice of motion was issued. Learned State counsel appeared and contested the petitions.

I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. From the record, I find that FIR in the present case has been registered on the basis of secret information that accused were planning to commit robbery etc. and raid was conducted. As per the allegations, one of the accused fired upon the police party with intention to kill. As per the record, it is a case of no injury. Challan has already been presented and charges have already been framed. Both the petitioners are only to face the trial.

The petitioners have been in custody since 30.11.2017. The trial of the case will take long time. The petitioners are not required for any investigation or interrogation purposes as they are in judicial custody. No useful purpose will be served by keeping the petitioners in custody till disposal of the case.

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, both the petitions are allowed and the petitioners are ordered to be released on bail subject to their furnishing personal/surety bonds in the sum of `50,000/- with one surety each in the like amount to the satisfaction of the trial Court/Duty Magistrate. July 04, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2018.07.05 10:46 I attest to the accuracy and authenticity of this document Chandigarh