Dharmender @ Kala v. State Of Haryana

TAPINDER SINGH MANN 2016.04.27 16:43 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 43069 of 2015 Date of decision: 27.4.2016 Dharmender @ Kala Petitioner vs.

State of Haryana Respondent

Present:

Mr. Sahil Gambhir, Advocate.

Mr. Vikas Malik, DAG, haryana M.M.S.BEDI,J.

The petitioner seeks the concession of regular bail in a case registered at the instance of Sunita alleging that Manjit Singh and two other persons had come to her house and inquired about her son Rajesh. Sandeep allegedly accompanied the deceased Rajesh in the car, when he was abducted. Co-accused of the petitioner Manjit Singh, had allegedly kidnapped the deceased whereas Sandeep fled away from the spot. Sandeep has already been given up by the prosecution. I have gone through the police record and the nature of the allegations against the petitioner. The petitioner has been in custody since 2.2.2014. Co-accused of the petitioner Sanjit has already been granted the concession of bail by this court. The main accused in this case is alleged to be Manjit Singh.

Whether merely the recovery of clothes and danda from the petitioner, would be sufficient to connect the petitioner with offence u/s 302 IPC, would certainly be a debatable issue during trial. Taking into consideration the custody of the petitioner for more than two years and co-accused, similarly circumstanced, having been granted the concession of bail, the petitioner can be granted the concession of bail.

The petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial court.

April 27 ,2016 ( M.M.S.BEDI ) TSM JUDGE