Jasbir Malik v. State Of Haryana

Criminal Misc.No. M-35959 of 2013 {1}

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc.No. M-35959 of 2013 Date of Decision: 21st December, 2013 Jasbir Malik .. Petitioner

Versus

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

Present:

Mr.S.K.Garg Narwana, Senior Advocate, with Mr.Naveen Gupta, Advocate, for the petitioner.

Mr.Chetan Sharma, AAG, Haryana.

* * * Naresh Kumar Sanghi, J.

Prayer in this petition is for grant of regular bail to petitioner Jasbir Malik who has been booked for having committed the offence punishable under Sections 120-B, 420, 467, 468 and 471, IPC, in a case arising out of FIR No.174, dated 03.03.2013, registered at Police Station, City, Jind.

Learned Senior counsel inter-alia contends that all the offences for which the petitioner has been booked are triable by the learned Judicial Magistrate Ist Class; that the petitioner is behind the bars from 21.03.2013; and that after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted before the learned Area Judicial Magistrate. Learned counsel for the State though opposed the grant of bail to the petitioner but could not substantiate as to why the further incarceration of the petitioner is essential in the present case. I have heard the learned counsel for the parties and with Sharma Seema 2013.12.21 14:44 I attest to the accuracy and integrity of this document Chandigarh

Criminal Misc.No. M-35959 of 2013 {2} their able assistance gone through the material available on record. All the offences for which the petitioner has been booked are triable by the learned Judicial Magistrate Ist Class. The petitioner is behind the bars from 21.03.2013. After completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted for prosecution of the petitioner. According to the Investigating Officer, i.e SI Kuldip Singh, who has come to assist the learned counsel for the State, the petitioner is neither required nor involved in any other case. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed.

Petitioner Jasbir Malik son of Jeet Singh r/o village Poli, PS Julana, District Jind, is ordered to be released on bail during the pendency of the trial of the present case subject to his furnishing bail bonds in the sum of ` 1,00,000/- with two sound sureties in the like amount to the satisfaction of the learned trial court. The heavy surety has been ordered in view of the allegations levelled against the petitioner.

December 21, 2013 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2013.12.21 14:44 I attest to the accuracy and integrity of this document Chandigarh