High Court of Punjab and HaryanaCRM-M/14073/2019allowed

Sandeep v. State Of Haryana

2019-05-06Mr. Justice Inderjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-14073 of 2019 Date of Decision: May 06, 2019 Sandeep

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Subhash Godara, Advocate for the petitioner.

Mr.Navdeep Singh, AAG, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.58 dated 19.01.2017 under Sections 302 and 120-B IPC, registered at Police Station DLF, Sector-29, District Gurugram.

Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that the present petitioner has himself got registered the FIR. The deceased was his sister's husband. As per allegations in the FIR, deceased was having illicit relations with wife of the VINEET GULATI 2019.05.07 16:19 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-14073 of 2019 -2petitioner and as per the FIR, he was giving threats to the petitioner and was keeping wife of the petitioner with him. Even there are allegations of unnatural offence committed by the petitioner. The allegations in the FIR that petitioner cut the body into pieces is not supported and corroborated by the post-mortem examination report, as argued by learned counsel for the petitioner and he also argued that during inquest proceedings, only one injury was found on the head. The petitioner has been in custody since 19.01.2017. He is not required for investigation and interrogation as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. May 06, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.05.