Chirag And ANR. v. State Of Haryana

CRM-M No.346 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.346 of 2018 Decided on: 17.01.2018 Chirag and another ....Petitioners

Versus

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

Mr. L.S. Lakhanpal, Advocate for the petitioners.

Ms. Harpreet Kaur, AAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioners pray for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.1041 dated 05.11.2017, for offence punishable under Sections 186, 323, 332, 341, 353, 379-B, 427 read with Section 34 of the Indian Penal Code (in short 'IPC'), registered at Police Station Chandni Bagh, Panipat, District Panipat.

Counsel for the petitioners has submitted that in fact, it was a case of road-rage and the FIR was got registered at the instance of a local MLA. It is also submitted by counsel for the petitioners that investigation has been completed and challan has also been presented before the trial Court.

It is further argued that the petitioners are student, they are not involved in any other case and conclusion of the trial will take long time. It is further submitted that one of the co-accused namely Mohit has already been granted the concession of interim anticipatory bail by Mohd. Yakub 2018.01.17 18:01 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.346 of 2018 this Court vide order dated 14.12.2017 passed in CRM-M No.47696 of 2017 and co-accused Vicky has been granted the concession of regular bail by this Court vide order dated 11.01.2018 passed in CRM-M48535-2017. Counsel for the State, on instructions from Sub-Inspector Suresh Kumar, has not disputed the factual position, however, has opposed the bail on the ground that the petitioners were apprehended at the spot.

Without commenting anything on merits of the case and considering the fact that the petitioners are the student; they are not involved in any other case; the investigation is complete and challan has already been presented before the trial Court; conclusion of the trial will take long time, the present petition is allowed and the petitioners are ordered to be released on bail on their 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, if the petitioners are found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 17.01.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.01.17 18:01 I attest to the accuracy and authenticity of this document Chandigarh