High Court of Punjab and HaryanaCRM-M/24113/2021allowed

Jinder @ Jindu @ Gurcharan v. State Of Haryana

2021-10-01Mr. Justice Amol Rattan Singh2 pages

CRM-M-24113 of 2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-24113 of 2021 Date of Decision:01.10.2021 Jinder @ Jindu @ Gurcharan ...... Petitioner

Versus

State of Haryana ...... Respondent

CORAM:

HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present:

Mr. Parveen Chauhan, Advocate, for the petitioner.

***** AMOL RATTAN SINGH, J. (ORAL) ase heard via Vide this petition, the petitioner seeks the concession of 'regular bail' under the provisions of Section 439 of the Cr.P.C., upon FIR no.79, dated 19.05.2019, having been registered at Police Station Sadar Kaithal, alleging therein the commission of an offence punishable under Section 302 of the IPC. Learned counsel for the petitioner points to that part of the report under Section 173 of the Cr.P.C. wherein villagers of village Nouch are stated to have been associated with the investigation and with them having allegedly stated that the deceased, Rakesh Kumar, ended his life by setting himself on fire. Learned State counsel however submits that even as per the reply filed on behalf of the respondent State, the dying declaration of the deceased, made DINESH 2021.10.01 18:32 I attest to the accuracy and integrity of this document

CRM-M-24113 of 2021 -2before a Magistrate, was to the effect that it was the petitioner who set him on fire. Upon query, he submits that the petitioner has been in custody for the past two years and 3 months, with the trial still to effectively commence, with even the charge still not framed.

There is stated to be no other criminal case registered against the petitioner.

That being so, w

the petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial court.

The reply filed on behalf of the respondent State is ordered to be taken on record.

October 01, 2021 (AMOL RATTAN SINGH) dinesh JUDGE Whether speaking/reasoned Yes Whether Reportable Yes DINESH 2021.10.01 18:32 I attest to the accuracy and integrity of this document