Manjeet v. State Of Haryana

CRM-M No.33485 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.33485 of 2018 Decided on: 16.01.2019 Manjeet ....Petitioner

Versus

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

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

Mr. Naveen Sheoran, DAG, Haryana.

Mr. Naveen Dahiya, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.26 dated 15.01.2018, for offence punishable under Sections 307/34/120-B of the Indian Penal Code (in short 'IPC'), 25, 27, 54, 59 of the Arms Act, registered at Police Station Sadar Bahadurgarh, District Jhajjar.

Counsel for the petitioner, at the very outset, has submitted that the petitioner and other accused persons have compromised the matter with the injured - Pawan son of Tirath Ram and his brother/complainant Jai Bhagwan and has placed on record the photocopy of the compromise dated 06.01.2019. It is further submitted that the petitioner will file a petition for quashing of the FIR on the basis of the compromise.

MOHD YAKUB 2019.01.16 16:20 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.33485 of 2018 Counsel for the State, on instructions from ASI Yomesh Kumar, has not disputed the factual position but opposed the prayer for bail. He has also not disputed the fact that the matter stood compromised between the parties. It is also submitted that the statement of one of the prosecution witness has been recorded by the trial Court. Counsel for the complainant has also acknowledge the factum of compromise arrived at between the parties. Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since 08.03.2018; the case is still at the stage of recording the evidence of prosecution witnesses and considering the fact that the matter stood compromised between the parties, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 16.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.16 16:20 I attest to the accuracy and authenticity of this document High Court, Chandigarh