Manisha Hizda v. State Of Haryana

CRM No.M-25852 of 2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-25852 of 2015 Date of Decision:- 11.08.2015 Manisha Hizda ....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE SHEKHER DHAWAN

Present:

Mr. Sunil K. Nehra, Advocate, for the petitioner.

Mr. Neeraj Poswal, A.A.G., Haryana for the State.

**** SHEKHER DHAWAN, J.

Present petition under Section 439 Cr.P.C. for regular bail of petitioner. Allegations against the petitioner that on 17.06.2015 complainant Amzad Khan reported to the police that on that night at about 10.00 PM, he had gone to drop his friend on his motorcycle. When he was going back to his house at about 11.00 PM, Sharafat (co-accused) took his Scropio Car in front of his motorcycle. Petitioner and Arjun were sitting in the car. Petitioner-Manisha Hizda asked his companions to take complainant in the car as he had cheated her for purchase of plot. Sharafat and other accused took the complainant in the Scropio car to village Daulatpur. Arjun and Sanna caught hold of both hands of complainant. Petitioner Manisha Hizda asked Sharafat to shot him and Sharafat fired NARESH KUMAR 2011.09.15 15:45 I attest to the accuracy and integrity of this document Chandigarh

CRM No.M-25852 of 2015 -2upon complainant with his country made pistol with intention to kill him, which hit on his right thigh.

Learned counsel for petitioner took the plea that main injury of pistol shot on the thigh of complainant not attributed to the petitioner but to co-accused Sharafat. Present petitioner is in custody since 19.07.2015 and trial of the case still to take some more time. So, he be released on bail. Learned State counsel opposed the bail application thereby taking the plea that the real dispute was relating to plot and all the coaccused had committed alleged offences including offence under Section 307 IPC and present petitioner does not deserves the concession of bail. Having considered the submissions made by learned counsel for the parties and the fact that main injury of pistol shot has not been attributed to the petitioner but to co-accused Sharafat. The trial of the case still to make some more time.

Petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Yamuna Nagar.

August 11, 2015 ( SHEKHER DHAWAN ) naresh.k JUDGE NARESH KUMAR 2011.09.15 15:45 I attest to the accuracy and integrity of this document Chandigarh