Chanchal And ANR v. State Of Haryana

CRM-M-23041 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-23041 of 2017 Date of Decision: 07.07.2017 Chanchal and another ....Petitioners

VERSUS

State of Haryana ....Respondents CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr.Keshav Pratap Singh, Advocate for the petitioners.

******* SURINDER GUPTA, J.(Oral) Present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to petitioners in case FIR No. 177 dated 27.05.2017 registered for offences punishable under Sections 147, 148, 323, 452 and 506 of Indian Penal Code (for short, "IPC") at Police Station Chandhut, District Palwal. (Offences punishable under Sections 420 and 482 IPC were added later on).

Heard.

Notice of motion.

On asking of the court, Mr. Amrik Narwal, DAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

As per allegations levelled by complainant-Manoj, petitioners alongwith other co-accused entered his house and caused injuries to him and his brother. They also gave slaps and fist blows to his mother and sister Savita when they intervened.

Jitender Kumar 2017.07.10 15:15 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-23041 of 2017 -2Learned counsel for petitioners submits that injuries suffered by complainant and his brother were simple in nature. He further submits that the matter has since been amicably settled and affidavit to this effect has been given by complainant, copy of which has been placed on file as Annexure P-1.

Petitioners were arrested in this case on 27.05.2017 and investigation is in progress.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of investigation and trial will take considerably long time, the present petition is allowed. Petitioners, namely, Chanchal and Yogesh are ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) Petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of their absence on any date of hearing, the benefit of bail allowed to petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bonds and surety bonds and proceed to procure their presence in accordance with law. In that eventuality petitioners shall have to apply for bail afresh. (c) They shall not leave the country without the previous permission of the Court.

July 07, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.10 15:15 I attest to the accuracy and integrity of this document CHANDIGARH