High Court of Punjab and HaryanaCRM-M/42573/2016allowed

Vicky Kumar v. State Of Punjab

2017-02-13Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-42573 of 2016 (O&M) Date of Decision: February 13, 2017 Vicky Kumar

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Prashant Vashisth, Advocate for the petitioner.

Mr.Deep Singh, Asstt. Advocate General, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.19 dated 27.03.2006 under Sections 307, 382, 353, 186, 332, 148, 149, 506 and 511 IPC, registered at Police Station Kotwali, Ludhiana City.

Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that the petitioner Vicky Kumar has been declared proclaimed offender by learned Principal Magistrate, Juvenile Justice Board and co-accused Sahil has been acquitted by the Juvenile Vineet Gulati 2017.02.15 16:48 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-42573 of 2016 -2Justice Board vide judgment dated 06.07.2013. This fact means that when the accused-petitioner was declared as proclaimed offender, the proceedings were going on before Juvenile Justice Board and the present petitioner was tried being juvenile.

The petitioner is in custody since 05.11.2016. The trial of the case will take long time. Further, the petitioner's father name is Surinder Singh whereas the person who has been declared proclaimed offender is shown as Vicky Kumar s/o Mohan Lal.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find that no useful purpose will be served by keeping the petitioner in custody as the disposal of the case will take long time.

Therefore, finding merit in the present petition, the same is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the Juvenile Justice Board/Duty Magistrate.

February 13, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.02.15 16:48 I attest to the accuracy and authenticity of this document Chandigarh