Ravi Kumar @ Lala v. State Of Haryana

   

  

 

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 % & Petitioner-Ravi Kumar alias Lala has filed this 2nd petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.674 dated 01.10.2014, registered at Police Station Jhajjar, District Jhajjar, under Sections 148, 149, 307, 302 and 120B of the Indian Penal Code and Section 25 of the Arms act. Notice of motion has been issued. Mr. B.S.Virk, Deputy Advocate General, Haryana, has put in appearance on behalf of the respondent-State and contested the instant petition. I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record. From the record, I find that vide order dated 22.02.2017 (Annexure P-3), passed by this Court in CRM No.M-4771 of 2017, a liberty was granted to the petitioner to approach this Court afresh after the deposition of the complainant-Neeraj and his uncle Dharam Singh is concluded.

Rajesh Kumar 2017.08.11 17:00 I attest to the accuracy and authenticity of this document Chandigarh

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 Admittedly, both these witnesses have not been examined before the learned trial Court. However, the petitioner has again approached this Court by way of instant petition before the conclusion of examination of both above witnesses.

Keeping in view the facts and circumstances of the present case and in view of the fact that the petitioner is named in the FIR and specific role has been attributed to him, I do not find it a fit case where the petitioner is entitled to benefit of regular bail at this stage. Therefore, finding no merit in the instant petition, the same is dismissed.

However, the Investigating Officer/Station House Officer concerned is directed to produce both the witnesses before the learned trial Court preferably on the next two/three days. The Superintendent of Police is also directed to personally supervise that both said two witnesses are produced before the learned trial Court or not by the Investigating Officer/SHO concerned.

The learned trial Court is also directed to inform this Court whether the directions issued by this Court to the Investigating Officer/ Station House Officer have been complied with or not.    % !

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)&&#, - Rajesh Kumar 2017.08.11 17:00 I attest to the accuracy and authenticity of this document Chandigarh