High Court of Punjab and HaryanaCRM-M/4481/2015allowed

Ram Kishan v. State Of Haryana

2015-02-18Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-4481 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-4481 of 2015 (O&M) Date of decision : 18.02.2015 Ram Kishan ....Petitioner versus State of Haryana

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Jai Bhagwan Sharma, Advocate, for the petitioner Mr. C.S. Bakhshi, Addl.A.G. Haryana **** RITU BAHRI , J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of FIR No. 430, dated 06.11.2014, registered at Police Station Shahabad, District Kurukshetra, who has been booked for having committed the offence punishable under Sections 365/392/120-B/34 IPC. The accused robbed the truck of the complainant in which 497 bags weighing 50 kgs each of Basmati paddi, one mobile phone and cash amount of Rs.3,000/- were lying. As per the allegations in the F.I.R, the petitioner was not named in the F.I.R and he was not arrested on the spot. He was arrested on the disclosure statement of co-accused. No role has been attributed to the petitioner.

The other co-accused Anil Kumar @ Munna has been granted bail by this Court on 14.01.2015 Learned State counsel on instructions from ASI Naveen Pal submits that the truck of the complainant was recovered from the custody of the petitioner and 84 bags of GAURAV 2015.02.

Crl. Misc. No. M-4481 of 2015 (O&M) -2paddy have been recovered from his possession. Challan has been presented on 01.12.2014 and charges were framed on 04.12.2014 and out of 15 prosecution witnesses, 01 witness has been examined till date.

At this stage, nothing is to be recovered from the petitioner, who is in custody since 10.11.2014. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

Keeping in view the period of incarceration of the petitioner, this court feels that there is no need to detain the petitioner any longer, Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to their furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Kurukshetra.

18.02.2015 (RITU BAHRI) G Arora JUDGE GAURAV 2015.02.21 14:47 I attest to the accuracy and integrity of this document