High Court of Punjab and HaryanaCRM-M/43716/2016disposed of

Vinod Kumar @ Ashok Kumar v. State Of Haryana

2017-02-22Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-43716 of 2016 Date of decision : February 22, 2017 Vinod Kumar @ Ashok Kumar ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. RS Budhwar, Advocate, for the petitioner Mr. Deepak Sabharwal, Addl. AG, Haryana, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Vinod Kumar @ Ashok Kumar in this regular bail application under section 439 Cr.P.C. are that on 7.5.2015 it is alleged that during the road rage verbal dual having ensued between the complainant and the petitioner leading to the registration of the present case.

The contentions of the counsel for the petitioner are that neither any attribution is made to the petitioner for offence under section SC/ST Act and the FIR has been registered after one year of the occurrence and that the petitioner is in custody since 13.10.2016. The factual scenario is not disputed by the learned State counsel who could also not convince this Court as to the very applicability of section 3(1)(x) of SC/ST Act, 1989.

Dalbir Singh Tiwana 2017.02.27 16:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-43716 of 2016 -2- Keeping in view the substantive period of incarceration and there being a debatable issue over the application of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and FIR has been registered after one year of the occurrence and the fact that the trial is not likely to be concluded in near future, without adverting on to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Kurukshetra. The present petition stands disposed off accordingly. ( Fateh Deep Singh ) February 22, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.02.27 16:27 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.