High Court of Punjab and HaryanaCRM-M/22744/2018allowed

Amazad v. State Of Haryana

2018-05-31Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.22744 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.22744 of 2018 Decided on: 31.05.2018 Amazad ....Petitioner

Versus

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

Mr. Rajiv Kumar Saini, Advocate for the petitioner.

Mr. R.S. Doon, AAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.196 dated 11.05.2016, for offence punishable under Sections 279, 307, 336 read with Section 34 of the Indian Penal Code (in short 'IPC') and 25/54/59 of the Arms Act, registered at Police Station Indri, District Karnal.

Counsel for the petitioner has submitted that the coaccused of the petitioner namely Aas Mohammad, who was apprehended at the spot, faced the full length trial and vide judgment dated 26.10.2016 passed by the Additional Sessions Judge, Karnal, was acquitted. It is further submitted that the petitioner is in judicial custody since 02.02.2018 and challan has already been presented and the petitioner is not required for any further investigation. Counsel for the petitioner has also submitted that the petitioner was nominated in the present FIR on the basis of the disclosure statement of Aas Mohammad, who has already been acquitted by the trial Court. Mohd. Yakub 2018.05.31 18:28 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.22744 of 2018 Counsel for the State, on instructions from ASI Ved Pal, has not disputed the factual position but opposed the prayer for bail. Without commenting anything on merits of the case and considering the fact that the co-accused of the petitioner has already been acquitted by the trial Court; the petitioner is in judicial custody since 02.02.2018 and the petitioner is not required for any further investigation, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/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, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 31.05.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.05.31 18:28 I attest to the accuracy and authenticity of this document Chandigarh