Devender v. State Of Haryana

CRM-M 29915/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:09.09.2015.

Devender .............Petitioner v.

State of Haryana .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.TS Sangha,Senior Advocate assisted by Mr.JS Lalli,Advocate for the petitioner Mr.RK Doon,AAG Haryana.

Jaswant Singh,J.(Oral) Prayer is for grant of regular bail in case FIR no.257 dated 26.8.2014 under Sections 306 IPC (302 IPC added later on), PS Sadar Ballabgarh,Distt.Faridabad.

As per allegations 12 years old minor son of complainantWahid Khan was given beating by the petitioner for having stolen a wheel of the water cart of the petitioner. The petitioner is then stated to have chased said minor son, who jumped into a canal and drowned. It is contended that not even a case under Section 306 IPC is made out much less 302 IPC. It is next contended that the petitioner is in custody since 5.5.2015 and after presentation of the challan even charges have been framed.

Learned State counsel on instructions from from SI Younus RAJINDER PRASHAD JOSHI 2015.09.09 16:23 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CRM-M 29915/2015 Khan concedes that challan has been presented and charge framed, however, it is stated that keeping in view the gravity of the offence no case for grant of bail is made out.

Without expressing anything on the merits of the case, keeping in view the fact that the challan has been presented and the trial is not likely to be concluded in near future and no useful purpose would be served by keeping the petitioner in custody, the present petition is allowed and petitioner is directed to be released on bail subject to the satisfaction of CJM/Illaqa/Duty Magistrate,Faridabad. 09.09.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.09.09 16:23 I attest to the accuracy and authenticity of this document High Court, Chandigarh.