Rohit @ Golu v. State Of Haryana

CRM-M-26027-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-26027 of 2017 (O&M) Date of Decision: July 26, 2017.

Rohit @ Golu ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vivek K.Thakur, Advocate for Mr. Rahul Jaswal, Advocate for the petitioner (s).

******* 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. 0319 dated 07.11.2016 registered for the offence punishable under Section 379-B at Police Station Panipat Sadar, District Panipat. Heard.

Notice of motion.

On asking of the court, Mr. Ashish Yadav, Addl. A.G.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.

The above mentioned FIR was registered on the statement of complainant Kartik Mohanty, who has stated therein that on 06.11.2016 at about 11.40 P.M., he was returning to his quarter after his duty hours. On the way, three boys came on motorcycle and snatched his money and mobile phone. Petitioner was arrested in this case on 06.01.2017 on the basis of disclosure statement of his co-accused and knife was recovered from him. Jyoti 2017.07.27 14:54 I attest to the accuracy and authenticity of this document Learned counsel for the petitioner submits that the only

CRM-M-26027-2017 -2evidence against the petitioner is disclosure statements of petitioner and his co-accused, the relevance and admissibility of which is a subject matter to be seen by the trial Court at the time of final disposal of the case. No recovery of the articles snatched from the complainant was effected from the petitioner.

Keeping in view this fact that relevance and admissibility of disclosure statement of petitioner and his co-accused is a subject matter to be seen by the trial Court at the time of final disposal of this case, this petition is allowed. Petitioner Rohit @ Golu is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh before the trial Court.

c. He shall not leave the country without the previous permission of the Court.

( SURINDER GUPTA ) July 26, 2017 JUDGE Sachin M./Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.07.27 14:54 I attest to the accuracy and authenticity of this document