Sunder @ Surender And ANR. v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-29764 of 2015 Date of Decision: 10.9.2015 Sunder @ Surender and another --Petitioners.

Vs.

State of Haryana --Respondent.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. K.D.S. Hooda, Advocate for the petitioners.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioners seek bail pending trial in FIR No. 141 dated 7.3.2015 under Sections 148/149/307/506 IPC and Sections 25/54/59 of the Arms Act, registered at Police Station Sadar Palwal, District Palwal.

Learned counsel for the petitioners submits that there was only one injury on the person of the injured, which is corroborated as such by way of MLR, as well. He further submits that no injury has been attributed to any of the petitioners. He concluded by submitting that since the prosecution evidence is still going on, conclusion of trial will take some time. He prays for allowing the present petition. On the other hand, learned counsel for the State, on instructions from ASI Ramesh Kumar, submits that since allegations against the petitioners are direct and specific, they are not entitled for the concession of bail pending trial. He prays for dismissal of the present petition.

AMIT KUMAR 2015.09.10 17:28 I attest to the accuracy and authenticity of this document

Criminal Misc. No. M-29764 of 2015 Having heard the learned counsel for the parties, after careful perusal of the record of the case and giving thoughtful consideration to the rival contentions raised, this Court is of the considered opinion that in the given fact situation of the present case, petitioners have been found entitled for the concession of bail pending trial. It is so said, because no injury has been attributed to the petitioners. The only firearm injury found on the person of the injured has been attributed to the co-accused of the petitioners namley Ravi. Further, since prosecution is still going on, conclusion of trial will take some time.

In view of the above and without commenting anything further on the merits of the case, at this stage, lest it should prejudice the rights of either of the parties, instant petition is allowed. Petitioners are directed to be released on bail pending trial on their furnishing adequate bail bonds/surety bonds to the satisfaction of learned trial court.

Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 10.9.2015 AK Sharma AMIT KUMAR 2015.09.10 17:28 I attest to the accuracy and authenticity of this document