Dinesh Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 207 Criminal Miscellaneous No.M-45407 of 2016 (O & M) Date of Decision: December 23, 2016 Dinesh Kumar ..... PETITIONER

VERSUS

State of Hayana ..... RESPONDENT . . .

CORAM:

HON'BLE MR. JUSTICE JASPAL Singh . . .

PRESENT: - Mr. K.D.S. Hooda, Advocate, for the petitioner. Ms. Harpreet Kaur, Assistant Advocate General, Haryana.

. . .

Jaspal Singh, J (Oral) 1.

Through this petition preferred under Section 439 Cr.P.C., petitioner has sought grant of bail in case FIR No.511 dated September 30, 2016 under Sections 148, 149, 323, 341, 506 IPC and Section 3(2)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Shahabad, District Kurukshetra. 2.

Concededly, the petitioner was arrested in this case on October 14, 2016 and after subjecting to custodial interrogation, he was remanded to judicial custody, meaning thereby, he was not required for further custodial interrogation. Investigation is still under progress and presentation of challan as well as its disposal is likely to take sufficient long time. Otherwise also, co-accused of petitioner, namely, Gurmit Singh has Avin Kumar 2016.12.23 17:53 I attest to the accuracy and integrity of this document

Crl. Misc. No.M-45407 of 2016 [2] already been granted the concession of bail by this Court vide order December 09, 2016 passed in Criminal Miscellaneous No.M-43550 of 2016 and case of the petitioner is not on different footing than that of his coaccused. 3.

Taking into consideration aforesaid aspects but without commenting on the merits of the case, this Court finds that it would not be justifiable to keep the petitioner behind the bars for an indefinite period. Accordingly, the petition is allowed.

4.

Petitioner is ordered to be released on bail to the satisfaction of Trial Court/Duty Magistrate.

(Jaspal Singh) December 23, 2016 Judge avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No Avin Kumar 2016.12.23 17:53 I attest to the accuracy and integrity of this document