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High Court of Punjab and HaryanaCRM-M/41071/2015allowed

Gajpal Rana v. State Of Haryana

2015-12-11Mrs. Justice Rekha Mittal2 pages

213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41071-2015 Date of Decision : 11.12.2015 GAJPAL RANA .....Petitioner VS STATE OF HARYANA ...... Respondent **** CORAM : HON'BLE MR. JUSTICE AJAY TEWARI **** Present : Mr. Gurcharan Dass, Advocate for the petitioner.

Ms. Tanushree Gupta, DAG, Haryana.

**** vii.Whether Reporters of local papers may be allowed to see the judgment? viii.To be referred to the Reporters or not?

ix. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (Oral) This is a petition for regular bail filed in case bearing FIR No.227 dated 19.07.2015, under sections 323/325/506/34/307 & 120-B IPC registered at Police Station Sector 18, Gurgaon, District Gurgaon.

Custody certificate by way of affidavit of Devi Dayal, Deputy Superintendent, District Jail, Gurgaon has been filed and the same is taken on record. Copy supplied to the counsel opposite. Learned counsel for the petitioner has argued that in any case no weapon was used in the assault and no overt act has been attributed to the petitioner and he has been in custody since 22.08.2015 POOJA SHARMA 2015.12.11 17:06 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

CRM-M-41071-2015 -2while co-accused who was attributed slaps was granted bail after about 80 days by CRM-M-36726-2015 decided on 20.11.2015. As per the custody certificate the petitioner has undergone about 105 days of actual imprisonment.

Learned Deputy Advocate General has not been able to refute the factual assertions made above. In my considered opinion in view of the above mentioned facts it would not be appropriate to deny bail to the petitioner. Let him be released on bail to the satisfaction of the trial Court. Petition stands disposed of.

Since the main case has been decided, the Criminal Misc.Application, if any also stands disposed of. ( AJAY TEWARI ) JUDGE 11.12.2015  

POOJA SHARMA 2015.12.11 17:06 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh