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High Court of Punjab and HaryanaCRM-M/31550/2018allowed

Amir v. State Of Haryana

2018-12-20Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-31550-2018 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31550-2018 Date of Decision: 20.12.2018 Amir

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr.R.S.Rai, Sr. Advocate with Mr. Karan Pathak, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

***** JAISHREE THAKUR, J.

(Oral) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 270 dated 09.07.2017, Sections 304-B, 498-A, 406, 323, 34 IPC, registered at Police Station Tauru, District Nuh.

Learned senior counsel appearing on behalf of the petitioner would contend that the petitioner has been in custody since 15.07.2017 and the prosecution evidence has been completed. Resultantly, there would be very little opportunity of him influencing any material witnesses. Ms. Gaganpreet Kaur, learned AAG, Haryana, opposes the grant of regular bail, however, does not dispute the fact that the prosecution evidence has been completed.

SATYAWAN 2018.12.20 14:49 I attest to the accuracy and integrity of this document

CRM-M-31550-2018 -2I have heard learned counsel for the parties. In view of the fact that the petitioner herein has been incarcerated since 15.07.2017 and the prosecution evidence has been completed, the present petition is allowed. Without expressing any opinion on merits of the case, the petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

(iii) He shall not leave the country without the previous permission of the Court.

20.12.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2018.12.20 14:49 I attest to the accuracy and integrity of this document