Sunil Kumar And ANR v. State Of Haryana

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-27163 of 2015 (O&M) .....

Date of decision:19.9.2015 Sunil Kumar and another

...Petitioners

v.

State of Haryana

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Baldev Singh, Advocate for the petitioners. Mr. Anmol Malik, Assistant Advocate General, Haryana for the respondent-State.

.....

Inderjit Singh, J.

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.192 dated 18.6.2015 (Annexure-P.1) registered for the offences under Sections 384, 388, 419, 420 and 120-B IPC and Sections 7 and 13 of the Prevention of Corruption Act at Police Station Civil Lines, Kaithal.

Notice of motion has been issued in this case. Mr. Anmol Malik, learned Assistant Advocate General, Haryana has put in appearance on behalf of the respondent-State and contested this petition. Police record is also available.

I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Haryana appearing for the respondentHARPAL SINGH PARMAR 2015.09.21 17:17 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-27163 of 2015 (O&M) [2] State and have gone through the record.

From the record, I find that the petitioners are in custody since 19.6.2015 and they are no more required for any interrogation and investigation purposes. Nothing is to be recovered from them as they are in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioners in custody till the final disposal of the case. Otherwise also, the petitioners are neither named in the FIR nor they are the main accused. There is neither any allegation that money had been paid to them nor there is any allegation in the FIR that they have cheated the complainant. The only allegation against them is that they are also the members of the gang.

Therefore, 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, this criminal miscellaneous petition is allowed and the petitioners are ordered to be released on bail subject to their furnishing personal bonds in the sum of `50,000/- each with one surety in the like amount each to the satisfaction of the trial Court/Duty Magistrate.

September 19, 2015.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2015.09.21 17:17 I attest to the accuracy and authenticity of this document Chandigarh