Abid Ali v. State Of Haryana
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: September 16, 2015 Abid Ali
...Petitioner
Versus
State of Haryana
...Respondent
Criminal Misc.No.M-30361 of 2015 Pappu Saini
...Petitioner
Versus
State of Haryana
...Respondent
Criminal Misc.No.M-30362 of 2015 Mubarik
...Petitioner
Versus
State of Haryana
...Respondent
Criminal Misc.No.M-30466 of 2015 Jahir
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present:
Mr.Nonish Kumar, Advocate, for Mr.V.K.Gupta, Advocate, for the petitioner (s).
Mr.Pawan Gaur, DAG, Haryana.
Naresh Kumar Sanghi, J.(Oral) The present order shall dispose of the abovecaptioned four bail petitions arising out of FIR bearing No.92, SEEMA RANI 2015.09.16 17:02 I attest the accuracy and authencity of the document
[2] dated 01.06.2015, for the offences punishable under Sections 399 and 402, IPC, registered at Police Station, Sadar, Ambala. Learned counsel representing all the petitioners submits that on the basis of the secret information, the weapons were allegedly recovered but no firearm was recovered from any one of them; the co-accused of the petitioners, namely, Vasim, has been granted bail by this Court vide order dated 03.09.2015 in CRM-M-29119 of 2015; after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has been presented; after commitment of the case, even the charges have been framed; the case before learned trial Court is fixed for prosecution evidence; none of the petitioners is either required or involved in any other case and that further incarceration of the petitioners would not be of any consequence.
Learned counsel for the State, on instructions from HC Gurdev Singh, Police Station, Sadar, Ambala, submits that iron rods were recovered from the petitioners, Abid Ali and Jahir while knives were recovered from petitioners, Mubarik and Pappu Saini, therefore, it can be assumed that the petitioners were arrested by the police while they were preparing for committing dacoity. He, however, fairly concedes that the petitioners are neither required nor involved in any other case.
[3] He further concedes that Vasim, co-accused of the petitioner, has already been granted the concession of bail by this Court. After hearing the rival contentions of learned counsel for the parties and going through the material available on record, all the four petitions captioned above are accepted. Petitioners, Abid Ali, s/o Jaharudeen, r/o D-Block, Samar Garden, Meerut, P.S.Brahampuri, District Meerut; Jahir, s/o Shamir Ahmad, r/o H.No.465, Saraiberi, Near Roshib Gate, Meerut P.S.Kotwali, Meerut, District Meerut; Pappu Saini, s/o Mangli Saini, r/o village Khuraja, P.S.Khuraja, District Bulandshahr, UP; and Mubarik s/o Alla Mehar, r/o Kasatnakabad, P.S.Pilkua, District Hapur (U.P.), all confined in Central Jail, Ambala, are directed to be released on bail, during pendency of trial of the present case, subject to furnishing bail bonds by each petitioner to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amabla.
September 16,2015 (Naresh Kumar Sanghi) seema Judge