High Court of Punjab and HaryanaCRM-M/46049/2018allowed

Jahid Khan v. State Of Haryana

2018-10-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-46049-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46049-2018 Date of Decision: - 25.10.2018 Jahid Khan ... Petitioner

Versus

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr. Vishwajeet Singh, Advocate, for the petitioner. *** INDERJIT SINGH, J.

Petitioner-Jahid Khan has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.533 dated 17.09.2017, registered at Police Station City Palwal, District Palwal, under Sections 323, 341, 379-A, 506 and 34 IPC (later on offence under Section 379-A deleted and Section 379-B IPC added). Notice of motion.

Mr. Sukhdeep Parmar, DAG, Haryana has put in appearance on behalf of the respondent-State and contested the petition. Mr.Sumit Gupta, Advocate appeared on behalf of the complainant and also contested the petition.

I have heard learned counsel for the parties and have gone through the record.

Though the petitioner is named in the FIR along with other NARESH KUMAR 2018.10.26 16:19 I attest to the accuracy and integrity of this document Chandigarh co-accused, but counsel for the petitioner has brought to the notice of this

CRM-M-46049-2018 -2Court that compromise/certificate (Annexure P-1) has been effected between the parties regarding money transactions i.e. two months before registration of the FIR. Learned counsel for the petitioner also brought it to the notice of this Court that co-accused (Rahul Sharma) has filed an application dated 04.09.2017 (Annexure P-2) about 12-13 days, regarding money dispute between them, earlier to the registration of the present FIR. The petitioner has been in custody since 17.08.2018. He is not required for any investigation or interrogation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. October 25, 2018 (INDERJIT SINGH) naresh.k.

JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No NARESH KUMAR 2018.10.26 16:19 I attest to the accuracy and integrity of this document Chandigarh