High Court of Punjab and HaryanaCRM-M/29874/2017disposed of

Hemant Alias Dabu v. State Of Haryana

2017-09-05Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29874-2017 Date of decision: 05.09.2017 Hemant alias Dabu

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Manish Soni, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

Mr. Suresh Kumar Kaushik, Advocate, for the complainant.

**** JAISHREE THAKUR, J. (ORAL) The petitioner herein has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 5 dated 12.05.2017, under Section 306 IPC, registered at Police Station Sector-14, Gurugram, District Gurugram.

It is contended by learned counsel for the petitioner that challan has been presented by the police in the Court, however, an affidavit has been given by the complainant that the FIR was lodged by her under misunderstanding.

Ms. Gaganpreet Kaur, learned AAG, Haryana, on instructions from ASI Anil Kumar, has submitted that the similar affidavit has been filed with the Investigating Officer and admits the factum of presentation of challan.

Satyawan 2017.09.05 18:05 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-29874-2017 -2Learned counsel appearing on behalf of the complainant submits that the compromise has been effected between the parties and the complainant has no grievance against the petitioner and would have no objection if he is released on bail. It is also urged that the petitioner did not trouble or harass the deceased in any manner. Without going into the merits of the case and keeping in view the fact that investigation is complete and the challan has already been presented before the trial Court and the trial is likely to take some time to conclude, 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. Any observation made herein above regarding compromise should be termed for the purpose of granting bail only and will have no bearing on the merits of the case.

05.09.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.09.05 18:05 I attest to the accuracy and authenticity of this document High Court Chandigarh