High Court of Punjab and HaryanaCRM-M/22216/2017allowed

Dinesh @ Divesh v. State Of Haryana

2017-07-06Mr. Justice Girish Agnihotri2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-22216 of 2017 Date of Decision: 06.07.2017 Dinesh alias Divesh ... Petitioner(s)

Versus

State of Haryana ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. D.S.Matya, Advocate for the petitioner(s).

Mr. Satish Saini, Deputy Advocate General, Haryana for the respondent(s).

Shekher Dhawan, J.

Present petition is for grant of regular bail to the petitioner, namely Dinesh alias Divesh in case FIR No. 294 dated 12.7.2016, registered under Section 307 IPC and Section 25/54/59 of the Arms Act, 1959, at Police Station Kherki Daula, Gurugram.

Learned counsel for the petitioner contended that during trial, victim of the case and all the material witnesses have been examined and they have not supported the prosecution case. Petitioner is in custody since 17.11.2016 and no purpose shall be served by detaining him in custody any further. So, petitioner be released on bail.

Learned counsel for the respondent-State, on instructions from Assistant Sub Inspector Rajinder Kumar, affirmed the fact that victim as well as all the eye witnesses have been examined and have not supported the Deepak Kumar Bhardwaj 2017.07.07 13:25 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-22216 of 2017 prosecution case.

Having considered the submissions made by learned counsel for the parties and the fact that victim as well as the material eye witnesses have not supported the prosecution case at the trial stage; petitioner is in custody since 17.11.2016; decision of the case may still take some more time and no purpose shall be served by detaining the petitioner in custody any further, present petition is allowed and petitioner be released on regular bail on furnishing of his bail/surety bonds to the satisfaction Chief Judicial Magistrate/Duty Magistrate, Gurugram.

Nothing said here-in-above shall be construed to be an expression of opinion on the merits of the case. (Shekher Dhawan) Judge July 06, 2017 "DK"

Whether speaking/reasoned :

Yes/No Whether reportable : Yes/No Deepak Kumar Bhardwaj 2017.07.07 13:25 I attest to the accuracy and integrity of this document