High Court of Punjab and HaryanaCRM-M/39969/2017allowed

Amarjeet Singh v. State Of Haryana

2018-05-09Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.39969 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.39969 of 2017 Decided on: 09.05.2018 Amarjeet Singh ....Petitioner

Versus

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

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

Ms. Harpreet Kaur, AAG, Haryana.

Mr. N.K. Singla, Advocate for the complainant.

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.251 dated 10.07.2017, for offence punishable under Sections 406, 420, 506 and 120-B of the Indian Penal Code (in short 'IPC'), registered at Police Station Farakpur, District Yamuna Nagar. Counsel for the petitioner has submitted that the petitioner was arrested on 28.08.2017, challan has been presented in the Court and no witness of the prosecution has been examined so far. It is further submitted that the conclusion of the trial is likely to take some time and all the offences are triable by the Court of Magistrate. Counsel for the State assisted with counsel for the complainant has not disputed the factual position but opposed the prayer for bail. It is further submitted that the challan has been Mohd. Yakub 2018.05.09 17:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.39969 of 2017 presented and the petitioner is not required for any further investigation. However, counsel for the complainant has submitted that the petitioner is involved in similar other 02 FIRs. Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial custody for a period of more than 09 months; conclusion of the trial is likely to take some time and no witness of the prosecution has been examined so far, this petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail bonds and two heavy sureties to the satisfaction of the trial Court/Illaqa Magistrate/Duty 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.

09.05.2018 (ARVIND SINGH SANGWAN) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.05.09 17:02 I attest to the accuracy and authenticity of this document Chandigarh