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High Court of Punjab and HaryanaCRM-M/2937/2015allowed

Deepak @ Deepa v. State Of Haryana

2015-02-04Mr. Justice S.C. Malte2 pages

CRM-M-2937-2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-2937-2015 Date of Decision: February 4, 2015 Deepak @ Deepa

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Pankaj Bali, Advocate, for the petitioner.

Mr. Gurdas Singh, DAG, Haryana, for the respondent.

NARESH KUMAR SANGHI, J. (Oral) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Deepak @ Deepa, son of Ved Pal, resident of village Sultan Pur Dabaas, Delhi, who has been booked for having committed the offences punishable under Sections 186, 307 and 353, IPC, and Section 25 of the Arms Act, in a case arising out of FIR No. 897, dated 20.9.2014, registered at Police Station, City, Karnal.

Learned counsel contends that as per the prosecution version, the petitioner had fired a shot in the air which did not hit any person; the petitioner has falsely been implicated in the present case since no fire arm was recovered from him after his PRASHANT KAPOOR 2015.02.04 17:58 I attest to the accuracy and authenticity of this document

CRM-M-2937-2015 arrest on 13.11.2014; and that after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been presented before learned Area Judicial Magistrate. Learned counsel for the State has not controverted the fact that no one was injured in the present occurrence and the weapon of offence has not been recovered from the petitioner. Heard.

In view of totality of the facts and circumstances of the case and taking into consideration the period of incarceration suffered by the petitioner, the present petition is allowed. The petitioner, Deepak @ Deepa, son of Ved Pal, resident of village Sultan Pur Dabaas, Delhi, is ordered to be released on bail during pendency of the trial of the present case subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Karnal.

(NARESH KUMAR SANGHI) February 4, 2015 JUDGE Pkapoor PRASHANT KAPOOR 2015.02.04 17:58 I attest to the accuracy and authenticity of this document