High Court of Punjab and HaryanaCRM-M/48535/2017allowed

Vicky v. State Of Haryana

2018-01-11Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-48535 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-48535 of 2017 Decided on: 11.01.2018 Vicky ....Petitioner

Versus

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

Mr. Aman Pal, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.1041 dated 05.11.2017, for offence punishable under Sections 186, 323, 332, 341, 353, 379-B, 427 read with Section 34 of the Indian Penal Code (in short 'IPC') registered at Police Station Chandi Bagh, Panipat. Counsel for the petitioner has submitted that, in fact, it was a case of road-rage and the FIR was got registered at the instance of a local MLA. It is further submitted that nothing has been recovered from the petitioner. It is also submitted by counsel for the petitioner that investigation has been completed and challan has also been presented before the trial Court.

It is further argued that the petitioner is working as an Accountant in a private firm, he is not involved in any other case and conclusion of the trial will take long time. It is further submitted that one of the co-accused namely Mohit has already been granted the Mohd. Yakub 2018.01.11 18:11 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-48535 of 2017 concession of interim anticipatory bail by this Court vide order dated 14.12.2017 passed in CRM-M No.47696 of 2017.

Counsel for the State, on instructions from Sub-Inspector Suresh Kumar, has not disputed the factual position, however, has opposed the bail on the ground that the petitioner was apprehended at the spot.

Without commenting anything on merits of the case and considering the fact that the petitioner is not involved in any other case; the investigation is complete and challan has already been presented before the trial Court; conclusion of the trial will take long time, the present petition is allowed and the petitioner is ordered to be released on bail on his 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 petitioner is found involved misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 11.01.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.01.11 18:11 I attest to the accuracy and authenticity of this document Chandigarh