Rajesh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-15642 of 2020 (O&M) DATE OF DECISION : 13.07.2020 Rajesh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Mazlish Khan, Advocate, for the petitioner.

Mr. Vikrant Pamboo, DAG, Haryana.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) 1.

The petitioner is seeking regular bail in FIR No. 356 dated 07.12.2019, registered under Sections 436, 323 and 506 IPC, Police station Sadar Gohana, District Sonepat.

2.

As per allegations in the FIR on 06.12.2019 under the influence of liquor the petitioner set the house on fire as a result all the household articles turned into ash. The FIR was registered on the basis of statement of Sonia, who is none-else but sister-in-law of the petitioner and married to younger brother of petitioner, residing in the same house.

3.

Learned counsel submits that it was own house of the petitioner himself and, in fact, it was due to sparking that the fire took place. He further submits that the parties are of the same family and they have entered into a compromise and refers to affidavit (Annexure P-2) sworn by complainant Sonia. According to him the petitioner is in custody since 07.12.2019 and his custodial interrogation is no more required.

SONU 2020.07.13 03:10 I attest to the accuracy and integrity of this document

4.

Learned State counsel, per instructions from the investigating Officer, does not controvert that compromise has been effected between the parties.

5.

The petitioner is in custody for the last more than 7 months. The parties are from the same family and have settled the dispute. In that event there are bleak chances of conviction. The trial is not likely to commence or conclude in near future due to current Covid-19 scenario. Without expressing any opinion on the merits of the case, petition is allowed. Petitioner shall be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Sonepat, as the case may be.

(ARUN MONGA) JULY 13, 2020 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SONU 2020.07.13 03:10 I attest to the accuracy and integrity of this document