Hardeep Singh v. State Of Haryana

-1CRM-M-16037 of 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16037 of 2020 Date of Decision: 10.07.2020 Hardeep Singh

...Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Lalit Singla, Advocate, for the petitioner. Mr. Munish Sharma, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Case has been taken up for hearing through video conferencing due to Covid-19 pandemic.

Custody certificate sent through e-mail is taken on record. Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to petitioner - Hardeep Singh - in case FIR No.213 dated 20.03.2019 registered under Sections 323, 325, 506, 307 IPC, Section 25 of the Arms Act, 1959 and Section 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at Police Station Assandh, District Karnal.

According to prosecution, complainant John was engaged by Balbir Singh as a caretaker of the orchard owned by Murti Devi. On 20.03.2019, co-accused of the petitioner, namely, Munim Sher Singh, Happy, Khushabbar, Kiran Babbar and 30/32 unknown persons attacked complainant party with deadly weapons and fired upon them. They also caused injuries to the assailants in self-defence. RAVINDER SINGH 2020.07.14 14:13 I attest to the accuracy and integrity of this document

-2CRM-M-16037 of 2020 Learned counsel inter alia contends that co-accused of the petitioner, namely, Sunil, Kiranpal Babbar, Rahul @ Sonu and Malak Singh, have been granted regular bail by this Court vide orders dated 13.12.2019, 20.05.2020, 28.05.2020 and 12.06.2020 passed in CRM-M52233 of 2019, CRM-M-917 of 2020, CRM-M-13045 of 2020 and CRMM-4753 of 2020, respectively. Petitioner was arrested on disclosure statement of Kiran Babbar (on bail) and not at the spot. He is in custody since 13.04.2020. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner in jail any more. Thus, treating the case of the petitioner on the same parity as that of his aforesaid co-accused, he may also be granted regular bail. On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, treating the case of the petitioner on the same parity as that of his aforesaid co-accused, petition is allowed. Petitioner - Hardeep Singh - is ordered to be released on bail during pendency of trial, if not required in any other case, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) July 10, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.07.14 14:13 I attest to the accuracy and integrity of this document