Pargat Singh v. State Of Haryana

CRM-M-46289-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-46289 of 2017 (O&M) Date of Decision: December 11, 2017.

Pargat Singh ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Kartar Singh, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure(for short-Cr.P.C.) for grant of regular bail to the petitioner in case FIR No.147 dated 26.08.2017 registered for the offences punishable under Sections 148, 188, 436 and 506 read with Section 149 of Indian Penal Code, at Police Station Jakhal, District Fatehabad. Heard.

Notice of motion.

On asking of the court, Mr. Amrik Narwal, D.A.G. Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

As per the allegations in the FIR, three persons namely Satnam, Harpal and Hari Singh came to the Electricity Office of Sub Station Sachin Mehta 2017.12.11 15:20 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-46289-2017 -2Sadhanwas and put VCB installed there on fire. Allegation against the petitioner is that he was also standing outside the gate of Sub-Station with one more person.

Learned State counsel submits that petitioner has been named in statements of complainant and Hardesh Kumar, recorded under Section 161 Cr.P.C. and a danda was recovered from his possession. Keeping in view the fact that petitioner has not been attributed any role in putting of Electricity Sub Station on fire; that he is in custody since 30.08.2017 and trial will take considerably long time but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Pargat Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) December 11, 2017.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.12.11 15:20 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH