High Court of Punjab and HaryanaCRM-M/16595/2020allowed

Subhash @ Bossiya v. State Of Haryana

2020-07-14Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 16595 of 2020 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 16595 of 2020 (O&M) Date of Decision: 14.7.2020 Subhash @ Bossiya ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Madan Pal, Advocate for the petitioner.

Mr. Sukhdeep Parmar, DAG, Haryana.

**** HARNARESH SINGH GILL , J. (ORAL) CRM-14418-2020 Case is being taken up for hearing through video conferencing. This is an application for exemption for filing the certified copy and typed copy of Annexures P-1 to P-8.

The application is allowed as prayed for.

CRM-M-16595-2020 The petitioner seeks regular bail in FIR No. 116 dated 22.5.2019 under Sections 436/302/34/120-B and 216 IPC registered at Police Station Sadar Narnaul, District Mohindergarh. Learned counsel for the petitioner submits that complainant Om Parkash is no more and PW-1 Billu @ Balwant Singh, PW-2 Krishan Kumar and PW-3 Dharmender have resiled from their earlier statements GURPREET SINGH 2020.07.14 15:23 I attest to the accuracy and integrity of this document Chadigarh have been declared hostile. Moreover, two accused namely Dharamveer and

CRM-M No. 16595 of 2020 (O&M) -2Roop Chand have been granted regular bail by this Court vide Annexures P-6 and P-7, respectively. He further submits that petitioner has been in custody since 17.8.2019.

Learned State counsel, who is assisted by SI Sajjan Singh, has not disputed that three prosecution witnesses have resiled and complainant Om Parkash has passed away.

In the present case, complainant Om Parkash has died and three prosecution witnesses have been declared hostile. The petitioner has been in custody since 17.8.2019. The trial will take time to conclude. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE July 14, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.07.14 15:23 I attest to the accuracy and integrity of this document Chadigarh