Sandeep v. State Of Haryana

CRM No.M-43510 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 43510 of 2017(O&M) Date of Decision: December 20 , 2017.

Sandeep ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Jasdev S.Thind, Advocate for the petitioner.

Mr. Sanjay K.Saini, AAG, Haryana.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.192 dated 04.06.2017 under Sections 363/366A IPC, registered at Police Station Sadar Jind, District Jind.

It is submitted that the petitioner has been falsely implicated in this case. In fact, the petitioner and the alleged victim in this case had friendly relations with each other, but this was not to the liking of the victim's family. Moreover, the complainant as well as the victim, it is submitted, have not supported the prosecution case. They have been declared hostile. It is thus prayed that this petition be allowed.

Omkar Singh 2017.12.21 18:19 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-43510 of 2017 -2Learned counsel for the State, on instructions from ASI Ramesh Kumar, Police Station Sadar, Jind, verifies that the complainant as well as the victim in this case have not supported the prosecution case. They have been declared hostile. The petitioner is not reported to be involved in any other criminal case.

Certified copies of the statements of the complainant (PW3) and the victim (PW4), produced in Court today, are taken on record subject to just exceptions.

There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail.

Keeping in view the facts and circumstances of the case but without commenting upon or expressing any opinion on the merits thereof, this petition filed by Sandeep is allowed. The petitioner be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) December 20 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.12.21 18:19 I attest to the accuracy and authenticity of this document Chandigarh