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High Court of Punjab and HaryanaCRM-M/24052/2017allowed

Gaurav And ORS v. State Of Haryana

2017-07-14Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-24052 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-24052 of 2017 Date of Decision: 14.07.2017 Gaurav and others ....Petitioners

VERSUS

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

Present:

Mr. B.S. Makar, Advocate for the petitioners.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.43 dated 12.05.2017 registered for offences punishable under Sections 147, 148, 323, 324, 452 read with Section 149 of Indian Penal Code (for short, "IPC") at Police Station Rori, District Sirsa. (Offence punishable under Section 325 IPC was added later on).

Heard.

Notice of motion.

On asking of the court, Mr. A.K. Chahal, 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.

Petitioners were arrested in this case on 03.06.2017. Allegations against them are that they were also members of group which attacked complainant, his wife and son and caused them seven injuries. The injuries caused were alleged to be with blunt weapon. Jitender Kumar 2017.07.15 13:14 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-24052 of 2017 -2The matter is stated to be under investigation. 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 then trial will take considerably long time, the present petition is allowed. Petitioners, namely, Gaurav, Kali @ Tarun and Rajan @ Rahul are ordered to be released on regular bail on furnishing bail bonds and surety bonds 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(b) In the event of their absence on any date of hearing, the benefit of bail allowed to petitioners shall stand withdrawn.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 14, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.15 13:14 I attest to the accuracy and integrity of this document CHANDIGARH