Sonu @ Satender v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: October 13, 2015 Sonu @ Satender ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest?

Present:

Mr.Pardeep Goyal, Advocate for the applicant-petitioner.

Mr.Pawan Gaur, DAG, Haryana.

.......

NARESH KUMAR SANGHI, J.(ORAL) CRM-33793-2015 Prayer in this application, filed under Section 482, Cr.P.C., is for placing on record the documents, Annexures A-1 and A-2.

After hearing the learned counsel for the applicant-

-2petitioner and going through the contents of the application, the documents, Annexures A-1 and A-2, are taken on record subject to all just exceptions.

CRM disposed of.

CRM-M-31923-2015 Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Sonu @ Satender, son of Lakhpat Singh, resident of village Lehdoli, Tehsil Ballabgarh, District Faridabad, who has been booked for having committed the offences punishable under Sections 148, 302, 307, 323 and 324 read with Section 149, IPC, and Section 25 of the Arms Act, 1959, in a case arising out of FIR No.207, dated 30.06.2013, registered at Police Station, Sadar, Ballabgarh. Learned counsel contends that even if whole case of the prosecution is taken at its face value, then also it will be a moot point with regard to applicability of Section 149, IPC; concededly, the petitioner had not caused any injury to Vijay (since deceased); as per prosecution version, the petitioner had caused injury on the person of Rajender (PW); the petitioner is in custody since 04.07.2013, i.e. two years and more than three months and trial would still take sufficient long time to conclude.

-3Learned counsel for the State, on instructions from ASI Gajender Singh, Police Station, Sadar, Ballabgarh, concedes that the petitioner had caused injury on the person of Rajender (PW) and no injury has been assigned to the petitioner so far as Vijay (since deceased) is concerned. He further contends that the petitioner is behind the bars from 04.07.2013. He also concedes that out of 33 prosecution witnesses, 11 have been examined. After hearing learned counsel for the parties and going through the material available on record, this Court is of the considered view that further incarceration of the petitioner is not of worth, therefore, the present petition is allowed. Petitioner, Sonu @ Satender, son of Lakhpat Singh, resident of village Lehdoli, Tehsil Ballabgarh, District Faridabad, is directed to be released on bail during pendency of the trial of the present case, subject to his furnishing bonds in the sum of `1,00,000/- (Rupees one lac only) with two sureties in the like amount, to the satisfaction of learned Chief Judicial Magistrate/ Duty Magistrate, Faridabad.

October 13, 2015 (NARESH KUMAR SANGHI) meenu JUDGE