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High Court of Punjab and HaryanaCRM-M/47923/2017allowed

Raman Kumar v. State Of Haryana

2017-12-20Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-47923 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-47923 of 2017 Date of Decision: 20.12.2017 Raman Kumar ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Jagjit Gill, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.694 dated 25.08.2017 registered for offences punishable under Sections 341/147/148/149/307/435/379-A/427/188 of Indian Penal Code (for short, "IPC") at Police Station City Sirsa, District Sirsa. Heard.

Notice of motion.

On asking of the court, Mr. Deepak Grewal, DAG, 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 allegation in the FIR, car of complainant was stopped by miscreants, who were members of unlawful assembly, indulging in arson after the arrest of Chief of Dera Sacha Sauda in a criminal case. Complainant has alleged that the mob of 40-50 persons on coming to know that he is a journalist, attacked him and his colleagues with deadly weapons. Jitender Kumar 2017.12.21 09:37 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-47923 of 2017 -2Complainant received injuries on his right hand. His car was also set on fire.

Learned State counsel submits that accused, Prince, who was arrested in another case bearing FIR No. 695 dated 25.08.2017, registered at Police Station Sirsa, during his interrogation has suffered a disclosure statement that car of complainant was set on fire by the petitioner. However, no recovery was effected from the petitioner and the police after completion of investigation has presented the challan against the petitioner. Without expressing any opinion on merits of the case and keeping in view the period of incarceration of petitioner, nature of allegations against him and the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Raman Kumar is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/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 previous permission of the Court.

December 20, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.12.21 09:37 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH