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High Court of Punjab and HaryanaCRM-M/18972/2020allowed

Israr @ Chhota v. State Of Haryana

2020-08-28Mr. Justice Harnaresh Singh Gill2 pages

-1CRM-M-18972-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18972-2020 Date of Decision: 28.08.2020 Israr @ Chhota ... Petitioner

Versus

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Rajiv Kumar Saini, Advocate, for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

HARNARESH SINGH GILL, J.(Oral)   



   

           bearing FIR No.68 dated 04.04.2018, registered at Police Station Panipat Sadar, District Panipat, under Sections 307 and 427 IPC, Section 25 of the Arms Act, 1959, and Section 13(1) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015.

Learned counsel for the petitioner contends that the petitioner has not been named in the FIR; that he has been indicted as an accused on the basis of a disclosure statement suffered by co-accused, Abbas and Wazid, and that there is allegation against him that he was driving the Bolero Pick-up carrying cattle for slaughtering. He further contends that no recovery of fire-arm has been effected from the petitioner. Moreover, coaccused, namely, Abbas, Wazid and Tahir, have since been granted regular bail by the learned Additional Sessions Judge, Panipat, vide orders dated PARVEEN KUMAR 2020.08.28 05:59 I attest to the accuracy and integrity of this document

-2CRM-M-18972-2020 10.10.2018 and 20.12.2019, respectively.

On the other hand, learned State counsel opposes the prayer made in the present petition and submits that the petitioner is a habitual offender and involved in two more cases in which he had been released on bail. The learned State counsel, on instructions from ASI Dilbagh Singh, submits that challan was presented on 02.03.2020 and case before the trial Court is fixed for 21.09.2020 for framing of charges. I have heard the learned counsel for the parties. The petitioner has been indicted as an accused on the basis of the disclosure statement of the co-accused, who have since been granted regular bail by the trial Court. The challan has been presented. The petitioner has been in custody since 03.01.2020. Trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping him behind the bars.

 

           



             

          

  



 28.08.2020   

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# $ PARVEEN KUMAR 2020.08.28 05:59 I attest to the accuracy and integrity of this document