High Court of Punjab and HaryanaCRM-M/28163/2018allowed

Mahesh v. State Of Haryana

2018-07-13Mr. Justice Augustine George Masih3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-28163 of 2018 (O&M) Date of Decision: July 13, 2018 Mahesh ..........PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Paramjit Singh Sullar, 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. 115 dated 04.04.2018 registered for the offences punishable under Sections 186, 307, 332, 342, 353, 395 and 397 of Indian Penal Code and 25 of Arms Act, at Police Station Badhra, District Charkhi Dadri. Heard.

Notice of motion.

On asking of the court, Ms. Dimple Jain, A.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 her.

Learned counsel for the petitioner while referring to the reply to the bail application of petitioner filed before Additional Sessions Judge,

-2Charkhi Dadri, submits that as per the police investigation, Ajit Pritam, Vijay and Narender were found as real culprits while petitioner was found guilty of obstructing the official duty of the police party. Learned State counsel submits that petitioner is accused in six more cases regarding which learned counsel for the petitioner submits that petitioner has been acquitted in five cases.

As per the allegations in the FIR, the police party headed by HC Udai Bhan had apprehended one Ajit and recovered 125 boxes of liquor from his vehicle. In the meanwhile a pick up bearing No.HR99AAB(T) 0334 and Linea car bearing registration No.DL-6CJ-8154 came to the spot from which five young persons alighted and put the government vehicle on fire. They also tried to get Ajit relieved and attacked the police party. As per the reply submitted before the Court below, the allegation against the petitioner is that he had obstructed the police party while the real culprits are Ajit, Pritam, Vijay and Narinder. Petitioner was arrested in this case on 04.04.2018.

Keeping in view the above fact but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Mahesh 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

-3law. In that eventuality the petitioner shall have to apply for bail afresh.

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

( SURINDER GUPTA ) July 13, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No