High Court of Punjab and HaryanaCRM-M/40721/2016allowed

Ishwar v. State Of Haryana

2016-11-23Mrs. Justice Raj Rahul Garg2 pages

CRM-M-40721-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40721-2016 (O&M) Date of Decision:- 23.11.2016 Ishwar ....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Aman Pal, Advocate, for the petitioner.

Ms. Mahima Yashpal, AAG, Haryana.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.282 dated 24.12.2015, under Section 306 read with Section 34 IPC, registered at Police Station Israna, District Panipat. Learned counsel for the petitioner submits that in the trial after recording statement of the complainant, sister-in-law and brother-in-law of the complainant have been summoned on application under Section 319 Cr.P.C. and both the accused have been declared proclaimed offender. Further, Bharpai, mother-in-law of the complainant, has been granted the concession of regular bail by this Court, vide order dated 22.08.2016 (Annexure P-2). Moreover, on the day of occurrence the present petitioner was not present in the house as he had gone to Chattisgarh to look after his Naresh Kumar 2016.11.29 10:11 I attest to the accuracy and integrity of this document Chandigarh agricultural land.

CRM-M-40721-2016 (O&M) -2Learned State counsel, on instructions from investigation officer, has informed that after framing of charges, there was total 26 witnesses and till date no witness has been examined. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 27.01.2016. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Panipat.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. November 23, ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.11.29 10:11 I attest to the accuracy and integrity of this document Chandigarh