Saddam v. State Of Haryana

CRM-M-30161-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30161-2017 Date of decision: - 15.01.2018 Saddam .....Petitioner

Versus

State of Haryana .....Respondent CORAM : HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Deepender Singh, Advocate for the petitioner.

Mr. Arjun Singh Yadav, AAG, Haryana.

Mr. Jagjot Singh, Advocate for the complainant.

**** MAHABIR SINGH SINDHU , J. (ORAL) Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.372 dated 22.08.2016, registered under Sections 365, 506, 302, 364, 506, 201 and 120-B IPC, at Police Station Ballabgarh Sadar, District Faridabad.

It is contended by learned counsel for the petitioner that the petitioner is in custody since 15.09.2016 and his name surfaced only in the disclosure statement of co-accused as he was not named in the FIR. It is further contended that even the alleged car has also not been recovered Naresh Kumar 2018.01.18 09:16 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-30161-2017 -2from the petitioner and out of total 33 witnesses, only 8 have been examined so far. The charges were framed in this case way back on 31.01.2017 and nothing has come out against the petitioner.. On the other hand, the present bail application has been opposed by learned State counsel as well as learned counsel for the complainant.

Heard.

After hearing rival contentions of learned counsel for the parties and going through the paper-book, I am of the view that it would be just and appropriate if the concession of bail is granted to the petitioner. In the present case, only eight of 33 PWs have been examined and there is nothing incriminating against the petitioner. The final conclusion of trial is likely to take a long time, hence no useful purpose would be served by keeping the petitioner behind the bars. Therefore, in view of the above-said circumstances, but without expressing any opinion on the merits of the case, this petition is accepted. Petitioner Saddam is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the learned trial Court. ( MAHABIR SINGH SINDHU) January 15, 2018 JUDGE naresh.k Whether reportable?

No Whether reasoned/speaking?

No Naresh Kumar 2018.01.18 09:16 I attest to the accuracy and integrity of this document Chandigarh