Sumit Kumar v. State Of Haryana

CRM-M No.23614 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.23614 of 2020 (O&M) Date of Decision.24.08.2020 (Heard through VC) Sumit Kumar

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Gitesh Sharma, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail in case FIR No.204 dated 16.03.2020 registered under Sections 323, 380, 452, 34, 395, 397 IPC at Police Station Sector 5, Panchkula. Counsel for the petitioner herein inter alia would contend that the other co-accused namely Rajesh, Deepak and Lalu Ram have already been granted regular bail by this Court vide order dated 29.07.2020 passed in CRM-M No.15284 of 2020 while observing that the matter has been compromised between the complainant, the injured and the petitioners as well as their co-accused and the complainant and the injured have no objection in case bail is granted to them and therefore, seeks concession of bail on the same ground.

Learned counsel appearing for the respondent-State opposes the regular bail while submitting on instructions from the IO that they are not aware of any such compromise. However, she does not dispute the fact that other co-accused have already been allowed bail. PANKAJ KUMAR 2020.08.25 11:02 I attest to the accuracy and integrity of this document

CRM-M No.23614 of 2020 (O&M) -2I have heard learned counsel for the parties. Keeping in view the fact that a compromise has already been entered amongst the complainant, injured and the accused persons on the basis of which the above-mentioned co-accused have already been allowed bail by this Court, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) JUDGE August 24, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.08.25 11:02 I attest to the accuracy and integrity of this document