High Court of Punjab and HaryanaCRM-M/31228/2017allowed

Navin @ Lara v. State Of Haryana

2017-08-30Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-31228 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-31228 of 2017 Decided on: 30.08.2017 Navin @ Lara ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Rakesh Dhiman, Advocate for the petitioner.

Mr. Naveen Kaushik, Addl. A.G., Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.97 dated 09.02.2017, for offence punishable under Sections 395, 397, 412, 201, 120-B of the Indian Penal Code, 1860 (in short 'IPC') and 25 of the Arms Act, registered in Police Station Civil Lines, District Gurugram. Counsel for the petitioner submits that the petitioner is not the main accused and he has been arrested in the present case on the disclosure statement of co-accused, who has stated that he had sold the stolen property to the petitioner. The petitioner is in judicial custody since 15.02.2017. It is further submitted that challan has already been presented in the Court, charges have been framed and the prosecution has cited 40 witnesses. It is further submitted that the petitioner is no more required for custodial interrogation and conclusion of the trial will take long time.

Counsel for the State, on instructions from ASI Madan Mohd. Yakub 2017.08.31 17:35 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-31228 of 2017 Kumar, has not disputed the factual assertions but opposed the prayer for bail.

I have heard counsel for the parties, perused the paperbook and the records.

Without commenting anything on merits of the case and considering the fact that the petitioner is already in judicial custody for the last about 06 months and is not involved in any other case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 30.08.2017 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.08.31 17:35 I attest to the accuracy and authenticity of this document Chandigarh