Jaggi And ANR v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 207-A Criminal Miscellaneous No.M-45445 of 2016 (O & M) Date of Decision: December 23, 2016 Jaggi & another Kumar ..... PETITIONERS

VERSUS

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

CORAM:

HON'BLE MR. JUSTICE JASPAL Singh . . .

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

. . .

Jaspal Singh, J (Oral) 1.

Through this petition preferred under Section 439 Cr.P.C., petitioners have 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 petitioners were arrested in this case on November 24, 2016 and after subjecting to custodial interrogation, they were remanded to judicial custody, meaning thereby, there were 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 and 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] Dinesh Kumar have 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 Order dated December 23, 2016 passed in Criminal Miscellaneous No.M-45407 of 2016, respectively. Case of the petitioners is not on different footing than those of his co-accused. 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 petitioners behind the bars for an indefinite period. Accordingly, the petition is allowed.

4.

Petitioners are 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