High Court of Punjab and HaryanaCRM-M/32670/2018allowed

Amit v. State Of Haryana

2018-08-08Mr. Justice Augustine George Masih2 pages

CRM-M-32670 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-32670 of 2018 Date of Decision: 08.08.2018 Amit ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. S.S. Nain, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.542 dated 08.10.2017 registered for offences punishable under Sections 323/506/34 of Indian Penal Code (for short, "IPC") at Police Station City Gohana. (Offence punishable under Section 307 IPC was added later on). Heard.

As per case of prosecution, the occurrence took place on 07.10.2017, when co-accused, namely, Ashish caught complainant from behind and petitioner gave a blow with screw driver in abdomen of complainant. The injury was declared dangerous to life. The petitioner was arrested on 23.11.2017 and is in custody since then.

Learned State counsel submits that prosecution has examined five out of 13 witnesses so far and case is now fixed for 06.09.2018 for recording of remaining evidence.

JITENDER KUMAR 2018.08.08 16:45 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-32670 of 2018 -2Without expressing any opinion on merits of the case and keeping in view the period of incarceration of petitioner and the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Amit is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

August 08, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2018.08.08 16:45 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH