High Court of Punjab and HaryanaCRM-M/39895/2018allowed

Raj Kumar @ Raju v. State Of Haryana

2018-09-18Mr. Justice Augustine George Masih2 pages

CRM-M-39895 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-39895 of 2018 Date of Decision: 18.09.2018 Raj Kumar @ Raju ....Petitioner

VERSUS

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

Present:

Mr. Aditya Jain, Advocate for the petitioner.

Ms. Dimple Jain, AAG, Haryana.

******* 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.554 dated 28.07.2018 registered for offences punishable under Sections 148/149/285/323/325/341/379-B/506 of Indian Penal Code (for short, "IPC") and 25 of the Arms Act, at Police Station Sadar Palwal, District Palwal.

Heard.

Learned counsel for the petitioner seeks bail for the petitioner on the ground parity with co-accused, namely, Mahesh, who has been allowed regular bail by this Court vide order dated 04.09.2018 passed in CRM-M-37310-2018.

Learned State counsel on instructions from SI Ramesh Chand submits that allegations against the petitioner are similar to allegations against co-accused Mahesh.

Applying the principle of parity but without expressing any JITENDER KUMAR 2018.09.19 10:08 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-39895 of 2018 -2opinion 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-Raj Kumar @ Raju 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

September 18, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2018.09.19 10:08 I attest to the accuracy and integrity of this document Chandigarh