High Court of Punjab and HaryanaCRM-M/42783/2018allowed

Sumit v. State Of Haryana

2018-12-03Lok Adalat Bench - 12 pages

CRM-M-42783-2018 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-42783-2018 (O&M) Date of decision: 03.12.2018 Sumit ..... Petitioner

Versus

State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Ramnish Puri Advocate for the petitioner. Mr. Munish Sharma, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) CRM-34369-2018 Allowed as prayed for.

CRM-M-42783-2018 Through this petition under Section 439 Cr.P.C., prayer has been made for grant of regular bail to petitioner-Sumit, in case FIR No. 0090 dated 20.04.2017 registered under Sections 302, 449, 120-B read with Section 34 IPC and Section 25 of the Arms Act at Police Station Gohana Sadar, District Sonipat.

According to the prosecution, in the morning of 20.04.2017 7-8 boys came on 2-3 motor cycles armed with deadly weapons, entered the house of brother of complainant-Parveen and fired on his head, chest and stomach. As a result thereof, brother of complainant-Parveen RISHU KATARIA 2018.12.04 14:02 I attest to the accuracy and integrity of this document

CRM-M-42783-2018 (O&M) -2succumbed to his fire arm injuries.

Learned counsel for the petitioner inter alia contends that there is no eye-witness account of the alleged occurrence. Petitioner was not identified or apprehended at the spot. The material witness examined by the prosecution turned hostile. Petitioner is in custody since 01.05.2017. Conclusion of trial may take sufficient long time. No useful purpose would be served by detaining her in jail. Co-accused, of the petitioner, namely; Sneh @ Tinku @ Tunda, has already been enlarged on bail by this Court vide order dated 20.09.2018 (Annexure P-9) of this Court passed in CRM-M-34808-2018. Thus, treating the case of the petitioner on the same parity, he may be granted the concession of regular bail.

On the other hand, learned State counsel vehemently opposed the submissions of learned counsel for the petitioner. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner-Sumit, is ordered to be released on bail pending trial, treating his case on the same parity as that of his co-accused, namely; Sneh @ Tinku @ Tunda, on his furnishing adequate bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.

December 03, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2018.12.04 14:02 I attest to the accuracy and integrity of this document