Tofique v. State Of Haryana

Crl. Misc. No.M-16321-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No.M-16321-2019 Date of decision :12.04.2019 Tofique ......Petitioner versus State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Sanjeev Kumar Panwar, Advocate for the petitioner.

ANIL KSHETARPAL, J. (ORAL) Prayer in the petition is to grant regular bail in FIR No.284, dated 07.12.2018, registered under Sections323/307/452/506/34 IPC, at Police Station Behin, District Palwal, Haryana. Counsel for the petitioner submits that although, in the FIR, the petitioner is attributed injury by 2 blows of ballam (sharp edge weapon is mounted on wooden stick), whereas the medical evidence does not support the injury with sharp edge weapon. Learned counsel further points out that co-accused Saif Ali @ Saifali has been ordered to be released on bail by the learned trial court vide order dated 27.02.2019. On the other hand, learned counsel for the State has opposed the petition on the ground that serious offence i.e., attempt to murder has been alleged in the present case.

He further submitted that the challan has been presented and the case is now fixed for framing of charge. Without commenting on the merits of the case and keeping in view the fact that the petitioner is in custody since 09.01.2019 and the trial of the case is likely to take a long time, the petitioner is directed to be NARESH KUMAR 2019.04.

Crl. Misc. No.M-16321-2019 -2released on regular bail subject to furnishing of adequate surety to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Palwal. Accordingly the petition is allowed with the aforesaid directions.

April 12, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.04.12 14:50 I attest to the accuracy and integrity of this document Chandigarh