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High Court of Punjab and HaryanaCRM-M/45324/2017allowed

Gautam v. State Of Haryana

2017-12-07Mrs Justice Daya Chaudhary2 pages

CRM-M-45324-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-45324-2017 Date of decision: 07.12.2017 Gautam ..... Petitioner

Versus

State of Haryana ..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Sukhdeep Parma, Advocate for the petitioner. Mr. Surender Singh, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 439 Cr.P.C., petitionerGautam, has prayed for grant of regular bail in case FIR No. 166 dated 21.11.2016 registered under Sections 302 and 323 read with Section 34 IPC and Section 506 IPC at Police Station Bapoli, District Panipat. 2.

Learned counsel inter alia contends that the petitioner has been falsely implicated in the instant case. He is in custody since 22.11.2016. The conclusion of trial shall take a long time. No useful purpose would be served by detaining the petitioner in jail. Co-accused, namely; Sandeep and Vikram, have already been granted regular bail by this Court vide orders dated 07.10.2017 and 16.11.2017 (Annexure P-7 and P-8, respectively) passed in CRM-M Nos. 28055 and 41936-2017. Thus, treating the case of the petitioner on the same parity, he be released on bail. 3.

On the other hand, learned State counsel vehemently opposed the prayer for grant of regular bail to the petitioner. Rishu Kataria 2017.12.07 17:37 I attest to the accuracy and authenticity of this document

CRM-M-45324-2017 -24.

I have given anxious consideration to the submissions made by learned counsel for the parties.

5.

Considering the overall circumstances of the case and the fact that co-accused of the petitioner, namely, Sandeep and Vikram, have already been granted the concession of regular bail by this Court, the petitioner deserves the concession of regular bail. 6.

Thus, without expressing any opinion on the merits of the case and also that the trial is likely to take time, the instant petition is allowed and the petitioner-Gautam is ordered to be released on regular bail pending trial, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned. December 07, 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Rishu Kataria 2017.12.07 17:37 I attest to the accuracy and authenticity of this document