High Court of Punjab and HaryanaCRM-M/24937/2017disposed of

Sunil v. State Of Haryana

2018-08-28Mr. Justice Dr. Ravi Ranjan2 pages

Criminal Misc. No. M-24937 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-24937 of 2017 Date of decision : August 28, 2018 Sunil ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Ms. Deepshikha Chauhan, Advocate, for the petitioner Mr. Siddarth Sanwaria, DAG, Haryana for the State Fateh Deep Singh, J. (Oral) The allegations against present petitioner Sunil son of Rajbir (referred to as Sunil son of Suan Kalan) are that on 24.4.2015 around 6.00 PM, a fight took place between complainant Rakesh Kumar and others with accused side comprising of the petitioner and others. It is alleged that accused Jagdish had killed Ishwar Singh by means of a pistol whereas his co-accused non-applicant Anil also shot at the deceased. The role assigned to the petitioner is that he was empty handed and has raised lalkara. The petitioner during the course of investigations was arrested on 26.4.2018. The contentions of the petitioner's counsel Ms. Deepshikha Chauhan are that the petitioner is behind the bars for more than 3 years and 4 months and that the petitioner is not attributed any specific role and was DALBIR SINGH TIWANA 2018.08.29 15:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-24937 of 2017 -2unarmed and that he has already undergone substantial incarceration and the trial is not likely to be concluded in the near future. Mr. Sanwaria though has not disputed the factual scenario and has accepted the period of incarceration but has sought to oppose the grant of bail on the grounds that the petitioner along with his co-accused were instrumental in death of one person by means of fire arm and if allowed bail, would influence the witnesses.

Appreciating the submissions, keeping in view that no specific role is attributed to the petitioner except having raised lalkara and has also undergone imprisonment for more than 3 years and 4 months and the fact that the trial is not likely to be concluded in near future, culpability if any, shall be determined at the time of trial. In view of the same, it would be traversity of justice to keep the petitioner further behind the bars. Accordingly, he is ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jhajjar. The present petition stands disposed off accordingly. The observations made herein above shall not be binding on the trial court at the time of trial as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) August 28, 2018 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2018.08.29 15:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.