Randhir Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-41807-2018 (O & M) Date of decision: 25.02.2019 Randhir Singh .... Petitioner V/s State of Haryana and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Saurabh Sharma, Advocate, for the petitioner. Mr. Saurabh Mohunta, DAG, Haryana.

Mr. Vaibhav Narang, Advocate, for the complainant. ***** Rajan Gupta, J. (Oral) This is a petition filed under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner vide FIR No.13 dated 21.01.2016 under Sections 323, 324, 326, 307 and 506 read with Section 34 IPC at Police Station Ismailabad, District Kurukshetra. Admittedly, petitioner is in custody since 28.01.2016. Material witnesses have been examined. During the pendency of the proceedings, son of the petitioner, who was summoned under Section 319 Cr.P.C., has absconded.

Learned State counsel submits that efforts are being made as per procedure to apprehend the absconder as well as proceedings as envisaged under Sections 82/83 Cr.P.C., shall be undertaken. Under the circumstances, this court does not intend to express any opinion on the merits of the case. However, keeping in view the period of incarceration and the fact that number of prosecution witnesses have been

CRM-M-41807-2018 (O & M) ::2::

examined though trial may still take long time to conclude, no useful purpose would be served by detaining the petitioner any longer. Accordingly, petition is allowed and the petitioner is ordered to be enlarged on bail subject to the satisfaction of trial court/Duty Magistrate and heavy surety to be furnished by him.

(RAJAN GUPTA) February 25, 2019 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No