Suresh Kumar @ Fauji v. State Of Haryana

-1CRM-M-35368 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35368 of 2017 (O&M) Date of Decision: 13.10.2017 Suresh Kumar @ Fauji ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Ashit Malik, Advocate, for the petitioner. Mr. Surender Singh, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 439 Cr.P.C. has been made for grant of regular bail to petitioner - Suresh Kumar @ Fauji - in a case arising from FIR No.404 dated 28.07.2017 under Sections 147, 148, 149, 186, 323, 332, 333, 353 and 427 IPC, Section 3 PDPP Act and Section 8-B N.H. Act, 1956 registered at Police Station Sadar Thanesar, District Kurukshetra.

According to prosecution, on 28.07.2017, after the death of a lady in a motor vehicular accident, petitioner along with 21 others gathered at the spot and started raising slogans against the administration. They also obstructed the traffic on the G.T. road. When the police force tried to make them understand not to block the traffic, the petitioner along with his accomplice started pelting brick-bats upon the police party, on account of which the police officials suffered grievous injuries while performing their duties.

Learned counsel for the petitioner inter alia contends that the Ravinder Singh 2017.10.13 17:14 I attest to the accuracy and authenticity of this document petitioner is in custody since 15.08.2017. Out of 22 persons booked in the

-2CRM-M-35368 of 2017 (O&M) instant case, till date the police has arrested the petitioner only and rest 21 accused are at large, which shows the callous attitude and mis-conduct on the part of the investigating officer SI Prem Singh as well as the concerned Station House Officer S.I. Surender Singh.

Considering over-all facts and circumstances and the mis-conduct of the police in not proceeding with the case properly, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner is ordered to be released on bail, on his furnishing bail bonds and surety bonds, to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) October 13, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.10.13 17:14 I attest to the accuracy and authenticity of this document