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High Court of Punjab and HaryanaCRM-M/26485/2017allowed

Sukhdev v. State Of Haryana

2017-07-28Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-26485 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-26485 of 2017 Date of Decision: 28.07.2017 Sukhdev ....Petitioner

VERSUS

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

Present:

Mr. Keshav Pratap Singh, Advocate for the petitioner.

******* 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.692 dated 04.10.2016 registered for offences punishable under Sections 323, 324, 506 read with Section 34 of Indian Penal Code (for short, "IPC") at Police Station Sadar Palwal, District Palwal. (Offence punishable under Section 307 IPC was added later on).

Heard.

Notice of motion.

On asking of the court, Mr. Deepak Grewal, 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.

The petitioner was arrested in this case on 25.10.2016. Injury attributed to him is simple in nature. The knife blow on the person of complainant has been attributed to co-accused Arun son of Govind. Learned State counsel submits that after completion of Jitender Kumar 2017.07.29 14:18 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-26485 of 2017 -2investigation, police has presented the challan against the petitioner and trial is in progress.

Keeping in view role of the petitioner and the fact that conclusion of trial will take considerably long time but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner -Sukhdev, who is in custody since 25.10.2016, is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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. (c) He shall not leave the country without the previous permission of the Court.

July 28, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.29 14:18 I attest to the accuracy and integrity of this document CHANDIGARH