High Court of Punjab and HaryanaCRM-M/35495/2018allowed

Rahul v. State Of Haryana

2018-08-24Mr. Justice Augustine George Masih2 pages

CRM-M-35495 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-35495 of 2018 Date of Decision: 24.08.2018 Rahul ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Garima Sharma, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, 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.134 dated 07.05.2018 registered for offences punishable under Sections 148/149/323/452/506 of Indian Penal Code (for short, "IPC") at Police Station Mahesh Nagar, District Ambala.

Heard.

Learned State counsel submits that the petitioner has been attributed punch blow on head of complainant. One of the injury on the person of complainant was declared grievous in nature and offences punishable under Sections 326 and 452 IPC were added at later stage. Learned counsel for the petitioner submits that co-accused, namely, Mukesh Kumar, who was attributed danda blow on head of complainant, has already been allowed regular bail vide order dated 18.07.2018 passed in CRM-M-28891-2018 and seeks bail for the petitioner on the ground of parity.

JITENDER KUMAR 2018.08.24 17:06 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-35495 of 2018 -2In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Rahul is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 previous permission of the Court.

August 24, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2018.08.24 17:06 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH