Mahesh Kumar v. State Of Haryana

CRM No.M-37581 of 2014 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M- 37581 of 2014(O&M) Date of Decision: February 12, 2015.

Mahesh Kumar ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Berjeshwar S.Jaswal, Advocate for the petitioner.

Mr. Pawan Girdhar, Addl.A.G., Haryana.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Petitioner prays for bail pending trial in FIR No.541 dated 19.6.2014, under Sections 420/406 IPC and Sections 4/5/6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, registered at Police Station City Hisar. It is submitted by learned counsel for the petitioner that the matter has been amicably settled with complainant - Ram Niwas as well as other three affected persons i.e., D.R.Dahiya son of Sh.Mange Ram, Subhash son of Sh.Manphool Singh and Smt. Nirmala wife of Sh.Sarjit Singh. Their affidavits affirming the settlement are on record as Annexures P25 to P28. OMKAR SINGH 2015.02.13 14:06 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-37581 of 2014 [2] On 10.11.2014, Shri Jagjit Singh, Advocate while appearing on behalf of complainant - Ram Niwas Sharma and victims D.R.Dahiya and Subhash had affirmed the factum of settlement between the parties. However, there was no representation on behalf of Smt. Nirmala. Learned counsel for the State, on instructions from SI Ram Niwas, confirms the factum of settlement arrived at between the parties. It is submitted that statement of the complainant as well as the three other affected persons have been recorded in respect to the settlement arrived at between the parties. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Petitioner is in custody since 07.07.2014.

In view of the facts and circumstances as mentioned above, further incarceration of the petitioner is not called for. Accordingly, without commenting or expressing any opinion on the merits of the case, this petition filed by Mahesh Kumar is allowed. Petitioner shall be released on bail pending trial subject to his furnishing requisite bail bonds and surety bonds to the satisfaction of the Trial Court/Duty Magistrate, Hisar.

( LISA GILL ) February 12, 2015.

JUDGE 'om'

OMKAR SINGH 2015.02.13 14:06 I attest to the accuracy and authenticity of this document Chandigarh