High Court of Punjab and HaryanaCRM-M/41514/2014allowed

Rajbir @ Fantar & ANR v. State Of Haryana

2015-02-18Mr. Justice Inderjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-41514 of 2014 Date of decision: 18.02.2015.

Rajbir @ Fantar and another ..Petitioners

Versus

State of Haryana ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment?

2. To be referred to reporters or not?

3. Whether the judgment should be reported in the Digest?

Present:

Mr. S.S. Mor, Advocate for the petitioners.

Mr. Munish Sharma, A.A.G., Haryana for the respondent - State.

Daya Chaudhary, J. (Oral) The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioners, namely, Rajbir @ Fantar and Sonu, for grant of regular bail in case FIR No.246 dated 06.09.2012, under Sections 148, 149, 302, 323, 341 and 216 of Indian Penal Code registered at Police Station Kalanaur, District Rohtak. Learned counsel for the petitioners submits that petitioner No.1 is in custody since 06.09.2012 i.e., for the last more than 2 years and 5 months and petitioner No.2 is in custody since 01.04.2013 i.e., more than 1 year 9 months and Total 24 accused persons were named in the FIR but the challan was presented only against 17 NEETU RANI 2015.02.21 12:54 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No. M-41514 of 2014 persons and 7 persons were kept in column No.2. Subsequently, an application was also moved under Section 319 Cr.P.C. for summoning of three persons, which was allowed and said persons have been released on anticipatory bail. Learned counsel for the petitioners also submits that co-accused of the petitioners, namely, Sonu and Sanjay, who are similarly situated, have been released on regular bail and the trial will take long time in conclusion as after allowing the application under Section 319 Cr.P.C., it would be a case of de novo trial. Learned State counsel has not disputed the submissions made by learned counsel for the petitioners regarding de novo trial as well as allowing the application under Section 319 Cr.P.C.

In view of the submissions made by learned counsel for the petitioners and also the fact that petitioner No.1 is behind the bars since 06.09.2012 i.e., for the last more than 2 years and 5 months and petitioner No.2 is behind the bars since 01.04.2013 i.e., more than 1 year and 9 months; even a single witness has not been examined so far after allowing application under Section 319 Cr.P.C, it would be a case of de novo trial, which may take long time in conclusion, the present petition is allowed and the petitioners (Rajbir @ Fantar and Sonu) are directed to be released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court or any other terms and conditions, if deemed necessary, by the trial Court.

18.02.2015 (DAYA CHAUDHARY) neetu JUDGE NEETU RANI 2015.02.21 12:54 I attest to the accuracy and authenticity of this document Chandigarh