Arshad v. State Of Haryana

CRM-M No.4187 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.4187 of 2018 Decided on: 02.08.2018 Arshad ....Petitioner

Versus

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

Mr. J.S. Grewal, Advocate for Mr. S.P.S. Sidhu, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.97 dated 09.02.2017, for offence punishable under Sections 395, 397, 412, 201 and 120-B of the Indian Penal Code (in short 'IPC') and 25, 54, 59 of the Arms Act, registered at Police Station City Civil Lines, Gurugram, District Gurugram. Counsel for the petitioner has submitted that all the eyewitnesses have already been examined and none of the eye-witness has identified the petitioner in the Court. It is further submitted that the petitioner was nominated in the FIR during the investigation on a disclosure statement made by co-accused namely Vikas. It is also submitted that the petitioner is in judicial custody since 16.02.

2017 and all the eye-witnesses have already been examined and only the official witnesses remained to be examined. It is further argued that the petitioner is not involved in any other case. Mohd. Yakub 2018.08.

CRM-M No.4187 of 2018 Counsel for the State, on instructions from SI Rohtash Singh, has not disputed the factual position but opposed the prayer for bail. It is further submitted that as per the Custody Certificate, the petitioner is in custody for the last 01 year and 05 months and he is not involved in any other case.

Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial custody for the last 01 year and 05 months; none of the eye-witness has identified the petitioner in the Court; the petitioner is not involved in any other case and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/ surety bonds 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 of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 02.08.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.08.02 16:56 I attest to the accuracy and integrity of this document High Court, Chandigarh