Balbir @ Lilu And Another v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (i) CRM No.M-31418 of 2018 (O&M) Balbir @ Lilu and another

...Petitioners

VERSUS

State of Haryana

...Respondent

(ii) CRM No.M-31428 of 2018 (O&M) Pardeep

...Petitioner

VERSUS

State of Haryana

...Respondent

Date of Decision: July 31, 2018

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Surinder Singh Duhan, Advocate for the petitioners.

**** INDERJIT SINGH, J.

Both the above-mentioned cases are taken up together as these have arisen from same FIR.

Petitioners have filed these petitions under Section 439 Cr.P.C. for grant of regular bail in case FIR No.43 dated 03.03.2018 under Sections 307, 323, 324, 148, 149, 427, 506 IPC and Section 27 of the Arms Act, registered at Police Station Julana, District Jind. Notice of motion.

Mr.Sukhdeep Parmar, DAG, Haryana has put in appearance on VINEET GULATI 2018.08.01 14:05 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-31418 of 2018 and connected petition -2behalf of the respondent-State and contested the petitions. I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. From the record, I find that petitioners are not named in the FIR. As per learned State counsel, petitioners were armed with dandas and gave injuries with the same. The main accused is Pawan, who gave fire arm injuries to two persons.

The present petitioners are not the main accused. Petitioner Balbir @ Lilu has been in custody since 13.04.2018, petitioner Sandeep @ Sunda has been in custody since 04.03.2018 whereas petitioner Pardeep has been in custody since 09.04.2018. They are not required for any investigation or interrogation purposes as they are in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioners in custody till disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, both the petitions are allowed and the petitioners are ordered to be released on bail subject to their furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount each to the satisfaction of the trial Court/Duty Magistrate. July 31, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2018.08.