High Court of Punjab and HaryanaCRM-M/29545/2018allowed

Manjeet @ Kali v. State Of Haryana

2018-08-09Mr. Justice Jasgurpreet Singh Puri2 pages

218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29545-2018 Date of decision: 09.08.2018 Manjeet alias Kali

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. N.S. Shekhawat, Advocate, for the petitioner.

Mr. P. P. Chahar, DAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 278 dated 30.05.2017 under Sections 304-B, 34, 498-A IPC, registered at Police Station Mohindergarh.

Learned counsel appearing on behalf of the petitioner would contend that the allegations as set out in the FIR are false and fabricated and he has been falsely implicated. It is also argued that he has been in custody since 08.06.2017 and after charges have been framed, the statement of the material witnesses have since been recorded.

Learned counsel appearing on behalf of the respondent-State opposes the grant of regular bail while submitting that the petitioner herein is the husband of the deceased Sunita and there are serious allegations that Satyawan 2018.08.10 13:31 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-29545-2018 -2have been made against him in the said FIR. I have heard learned counsel for the parties. The challan against the petitioner has been filed and he is in custody since 08.06.2017. The trial in this case is likely to take some time to conclude since out of 21 witnesses only 10 have been examined which includes the material witnesses. Out of the remaining witnesses, four have been given up and there is little possibility of the petitioner influencing them. Therefore in view of the above and without expressing any opinion on merits of the case, the petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 accused shall have to apply for bail afresh before the trial Court.

(iii) He shall not leave the country without the previous permission of the Court.

09.08.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.08.10 13:31 I attest to the accuracy and authenticity of this document High Court Chandigarh