High Court of Punjab and HaryanaCRM-M/34541/2017allowed

Sonu v. State Of Haryana

2017-10-31Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-34541-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-34541 of 2017 (O&M) Date of Decision: October 31, 2017.

Sonu ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Pankaj Mehta, Advocate for the petitioner (s).

Mr. Ashish Yadav, Addl. AG, Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.09 dated 02.01.2017 registered for the offences punishable under Sections 392 of Indian Penal Code and 25 of Arms Act, at Police Station Sadar Hisar.

Heard.

Learned State counsel submits that the petitioner was arrested in this case on the basis of his disclosure statement in other case in which he was arrested, wherein he has confessed about his involvement in this case and recovery of `500 in cash was effected from him. As per the case of the prosecution, complainant Ramesh Kumar had gone to Bherian Bus Stand where three persons came on motor cycle Jyoti 2017.11.02 17:37 I attest to the accuracy and authenticity of this document

CRM-M-34541-2017 -2and on pistol point took `9500 and two mobile phones from him. The petitioner was arrested in this case on 29.03.2017 and is in custody since then. After completion of investigation, the challan has been presented in the Court and trial is in progress. Trial of the case will take considerable long time, and no useful purpose would be served by keeping the petitioner in custody. Consequently, the petition is allowed and petitioner Sonu is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate,subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) JUDGE October 31, 2017 Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2017.11.02 17:37 I attest to the accuracy and authenticity of this document