High Court of Punjab and HaryanaCRM-M/29362/2017disposed of

Hasina v. State Of Haryana

2017-11-30Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29362-2017 Date of decision: 30.11.2017 Hasina

...Petitioner

Versus

State of Haryana

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Kunal Dawar, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, 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.51 dated 01.05.2017 under Sections 376/384/385/506/501/406/120-B/34 of the IPC and Section 66-E/67-A of I.T. Act, 2000, registered at Police Station Palwal, District Palwal, Haryana.

Notice of motion was issued in this case.

Ms. Gaganpreet Kaur, learned AAG, Haryana has put in appearance on behalf of the respondent-State. Learned counsel for the petitioner herein contends that the allegations as set out in the FIR are not sustainable. He submits that statement of the complainant has already been recorded and that the complainant has refused her MLR from being conducted. He further submits that the trial is likely to take some time to conclude. It is contended that since the petitioner having been in custody since 02.05.2017, he is entitled to be enlarged on bail.

Satyawan 2017.12.02 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-29362-2017 -2Learned counsel for the respondent-State opposes the grant of regular bail by stating that the petitioner herein has been accused of a grievous offence, however, is not able to dispute the fact that the statement of the complainant has already been recorded. He also submits that out of total 17 witnesses only one i.e. complainant has been examined. I have heard learned counsel for the parties and perused the record.

Without going into the merits of the case and keeping in view the fact that statement of the complainant has been recorded and the trial is likely to take some time to conclude since out of total 17 witnesses only one i.e. the complainant has been examined so far, the present petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.

30.11.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.12.02 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh