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High Court of Punjab and HaryanaCRM-M/39833/2017allowed

Moni v. State Of Haryana

2018-01-09Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-39833 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-39833 of 2017 Decided on: 09.01.2018 Moni ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. G.C. Shahpuri, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.222 dated 18.03.2017, for offence punishable under Sections 148, 149, 323, 307 of the Indian Penal Code (in short 'IPC'), 25/54/59 of the Arms Act and 13(2) of the Gauvansh Sanrakshan and Gausavardhan Act, 2015, registered at Police Station Model Town, Panipat. Counsel for the petitioner has submitted that the petitioner is in judicial custody since 04.04.2017, the challan has been presented and the petitioner is no more required for any further investigation. It is further submitted that the petitioner is the first offender and is not involved in any other case and conclusion of the trial will take long time.

Counsel for the State, on instructions from ASI Davinder Kumar, has not disputed the factual position that the petitioner is not involved in any other case.

Mohd. Yakub 2018.01.09 18:47 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-39833 of 2017 Without commenting upon anything on merits of the case and considering the fact that the petitioner is in judicial custody since 04.04.2017; challan has been presented and the prosecution evidence is yet to start; conclusion of the trial will take long time, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 09.01.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.01.09 18:47 I attest to the accuracy and authenticity of this document Chandigarh