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High Court of Punjab and HaryanaCRM-M/47451/2017allowed

Nitin And ANR v. State Of Haryana

2018-01-17Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.47451 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.47451 of 2017 Decided on: 17.01.2018 Nitin and another ....Petitioners

Versus

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

Mr. Vikram Singh, Advocate for the petitioners.

Ms. Harpreet Kaur, AAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioners pray for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.896 dated 23.10.2017, for offence punishable under Sections 420, 468, 470 of the Indian Penal Code (in short 'IPC') and 61/1/14 of the Excise Act, registered at Police Station Civil Lines, Karnal, District Karnal.

Counsel for the petitioners has submitted that the petitioners are in judicial custody since 24.10.2017 and are not required for any further custodial interrogation as challan has already been presented. It is further submitted that all the offences are triable by the Court of Magistrate and conclusion of the trial is likely to take some time.

Counsel for the State, on instructions from ASI Singh Raj, has not disputed the factual position but opposed the prayer for bail. Mohd. Yakub 2018.01.17 18:01 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.47451 of 2017 Without commenting anything on merits of the case and considering the fact that the petitioners are in custody since 24.10.2017; challan has already been presented; they are not required for any further investigation and conclusion of the trial is likely to take some time, the petition is allowed and the petitioners are ordered to be released on bail subject to their 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 petitioners are found involved misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 17.01.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.01.17 18:01 I attest to the accuracy and authenticity of this document Chandigarh