High Court of Punjab and HaryanaCRM-M/457/2018allowed

Sanjay v. State Of Haryana

2018-04-27Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.457 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.457 of 2018 Decided on: 27.04.2018 Sanjay ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.528 dated 16.08.2017, for offence punishable under Sections 307/34, 120-B of the Indian Penal Code (in short 'IPC') and 25 of the Arms Act, registered at Police Station Badshahpur, District Gurugram.

Counsel for the petitioner has submitted that the petitioner is in judicial lock up since 15.08.2017 and no prosecution witness has been examined so far and conclusion of the trial will take some time. It is further submitted that the allegation against the petitioner is that the petitioner along with the co-accused namely Deepak, entered into the car of the injured/complainant and the petitioner increased the volume of the music system and thereafter, got down from the car and his coaccused namely Deepak, fired on the complainant and its pellets hit on the back of the complainant. It is further submitted that no medical Mohd. Yakub 2018.04.27 18:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.457 of 2018 opinion, as to whether the said injury was declared dangerous to life, has been obtained.

Counsel for the State, on instructions from ASI Satinder Singh, has not disputed the factual position, however, opposed the prayer for bail on the ground that the main accused i.e. Deepak is yet to be arrested.

Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial lock up since 15.08.2017; till date no prosecution witness has been examined and conclusion of the trial will take some time, this petition is allowed and the petitioner is ordered be released on bail on furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 27.04.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.04.27 18:42 I attest to the accuracy and authenticity of this document Chandigarh