High Court of Punjab and HaryanaCRM-M/43612/2018allowed

Gurnam Singh v. State Of Haryana

2019-01-08Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-43612 of 2018 (O&M) Date of Decision: January 08, 2019 Gurnam Singh

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Angel Sharma, Advocate for the petitioner.

Mr.Tanuj Sharma, AAG, Haryana for the respondent-State.

Mr.Ashok Giri, Advocate for the complainant.

**** INDERJIT SINGH, J.

Petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.151 dated 06.12.2015 under Sections 147,149, 341, 342, 323 and 302 IPC, registered at Police Station Raipur Rani, District Panchkula.

Notice of motion was issued. Learned State counsel as well as learned counsel for the complainant appeared and contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that as per the FIR, Som Kumar was VINEET GULATI 2019.01.09 15:58 I attest to the accuracy and authenticity of this document Chandigarh murdered by throttling. Learned counsel for the petitioner contended that

CRM No.M-43612 of 2018 -2enquiry has been conducted, in which it has been found that deceased had sent a message to his wife stating that Gurnam Singh, his wife, his daughter and niece are responsible for his death. Learned counsel for the petitioner has relied upon the enquiry report which is placed on record as Annexure P5. The petitioner has been in custody since 12.12.2015 i.e. for the last more than three years. He is not required for custodial interrogation as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.

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, the present petition 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 trial Court/Duty Magistrate. January 08, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.01.09 15:58 I attest to the accuracy and authenticity of this document Chandigarh