High Court of Punjab and HaryanaCRM-M/18542/2020allowed

Manish v. State Of Haryana

2020-07-31Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-18542-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18542-2020 Date of Decision : July 31, 2020 Manish ....Petitioner

Versus

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

Mr. Rohit Mittal, Advocate for the petitioner.

Mr. Kuldeep Tiwari, Additional A.G., Haryana. (through video conferencing).

ARVIND SINGH SANGWAN, J.

(Oral) This is the first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 538 dated 9.9.2019 under Section 286, 307, 326-A, 436 IPC, registered at Police Station City Narnaul, District Mahendergarh.

As per the allegations in the FIR, an altercation took place between Kailash and petitioner Manish. Ram Niwas given beatings to him. Thereafter, petitioner-Manish had broken the lock of the room and set on fire the room of Kailash due to which a cylinder lying in the room blasted and complainant, her daughter and son were injured and they were taken to the Civil Hospital.

Counsel for the petitioner submits that the petitioner is in custody since 12.9.2019, the challan stands presented and the trial is not proceeding further due to COVID-19 situation. Counsel further submits that the petitioner previously not involved in any other case and that the SATISH KUMAR 2020.07.31 16:15 I attest to the accuracy and integrity of this document

CRM-M-18542-2020 -2petitioner is ready to deposit a sum of Rs.02 Lacs with the trial Court without prejudice to his right of defence, subject to final outcome of the case.

Learned State counsel has submitted that in the incident, Rani, Prince, Neha, Kiran, Vinita and Nancy has suffered the burn injuries and, therefore, the amount be paid to the victims. After hearing counsel for the parties and considering the fact that the petitioner is in custody since 12.9.2019 and the trial is not proceeding further and the petitioner has volunteered to deposit a sum of Rs.02 Lacs as compensation to the victims without prejudice to his right of defence, this petition is allowed, subject to condition that the petitioner will deposit an amount of Rs.02 Lacs with the Illaqa Magistrate/trial Court. The trial Court will disburse the said amount in proportion to the injuries sustained by the injured persons.

The amount of minor victims will be handed over to the father/mother, as per the assessment of the Illaqua Magistrate/trial Court. Upon deposit of the amount, the petitioner shall be released on regular bail, subject to furnishing of the surety/bail bonds to the satisfaction of the Illaqua Magistrate/trial Court concerned.

Yes/No Whether reportable:

Yes/No SATISH KUMAR 2020.07.31 16:15 I attest to the accuracy and integrity of this document