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High Court of Punjab and HaryanaCRM-M/19828/2020allowed

Gaurav v. State Of Haryana

2020-08-07Mrs. Justice Alka Sarin2 pages

YOGESH SHARMA 2020.08.07 21:25 I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-19828-2020(O&M) Date of decision : 07.08.2020 Gaurav ... Petitioner

Versus

State of Haryana ... Respondents CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Randeep S. Dhull, Advocate for the petitioner.

Mr. Gagandeep Singh Chhina, AAG, Haryana.

**** ALKA SARIN, J. (ORAL) Heard through video conferencing.

This is a petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.62 dated 11.03.2020 under Sections 34, 379-B and 392 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 registered at Police Station Sector-6 Bahadurgarh, District Jhajjar. Learned counsel for the petitioner has contended that the petitioner was not named in the FIR and was nominated by the co-accused. He has further contended that a mobile phone had been recovered from the petitionerwhereas co-accused, from whom pistol had been recovered, has been granted bail by the Trial Court. Even the third co-accused in the matter has also been granted bail. It has further been contended by learned counsel for the petitioner that the petitioner is 18 years of age and has been in custody since 05.06.2020.

YOGESH SHARMA 2020.08.07 21:25 I attest to the accuracy and integrity of this document CRM-M-19828-2020(O&M) -2Per contra, Mr. Gagandeep Singh Chhina, AAG, Haryana, who has joined the session through video conferencing and on instructions from ASI Pawan Kumar, is not in a position to deny that both the coaccused had been granted bail by the Trial Court. In view of the above and without commenting on the merits of the case and considering the fact that both the co-accused have been granted bail by the Trial Court and the conclusion of the trial would take some time, I deem this to be a fit case for grant of regular bail. The petition is, hence, allowed.The petitioner shall be released on bail on furnishing bail and surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

07.08.2020 Yogesh Sharma ( ALKA SARIN ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No