Devender v. State Of Haryana

CRM-M-3461 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-3461 of 2017 Date of Decision: 08.02.2017 Devender ....Petitioner

VERSUS

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

Present:

Mr. Tanmoy Gupta, Advocate for the petitioner.

******* 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. 1085 dated 30.12.2016, registered for offences punishable under Sections 186, 332, 353, 379 of Indian Penal Code (for short 'IPC') at Police Station DLF, Gurgaon.

Heard.

Notice of motion.

On asking of the court, Ms. Neelam Kashyap, DAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.

Incident took place on 30.12.2016 at about 02.00 p.m. As per case of prosecution, complainant-Ramesh Kumar delivered a parcel in the name of Manisha Gupta and demanded custom duty of `2000/- at which she snatched the parcel and gave beatings to the complainant. The petitioner was arrested on 10.01.2017.

Jitender Kumar 2017.02.09 09:12 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-3461 of 2017 -2It has been stated that main accused-Manish Gupta is already on bail.

In 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-Devender 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

February 08, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.02.09 09:12 I attest to the accuracy and integrity of this document CHANDIGARH