High Court of Punjab and HaryanaCRM-M/8387/2015allowed

Devi Lal @ Handu v. State Of Haryana

2015-04-08Mr Justice Gurdev Singh2 pages

CRM-M-8387-2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-8387-2015 Date of decision: 08.04.2015 Devi Lal @ Handu ..... Petitioner

Versus

State of Haryana ..... Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH PRESENT: Mr. Nipun Vashist, Advocate for the petitioner. Mr. Kuldeep Tiwari, Addl. AG, Haryana.

R.P. NAGRATH, J. (ORAL) In deference to the order dated 31.03.2015, learned counsel for the petitioner has handed over a copy of the order dated 28.11.2014, passed by the learned Additional Sessions Judge, Rewari in Bail Application No. 111 of 2014 filed by the petitioner declining his bail in the instant FIR.

The same be taken on record and Registry to page mark the same.

This petition under Section 439 Cr.P.C. has been filed by the petitioner for grant of regular bail in FIR No. 4 dated 02.01.2014 registered under Sections 398/401/412 of the Indian Penal Code (IPC) and Section 25 of the Arms Act at Police Station Dharuhera, District RISHU KATARIA 2015.04.09 16:19 I attest to the accuracy and authenticity of this document

CRM-M-8387-2015 -2Rewari.

I have heard learned counsel for the petitioner, learned State counsel and have gone through the paper-book quite carefully. Learned counsel for the petitioner submits that case of the petitioner is similar to that of Saddam co-accused, who has been granted the concession of bail by this Court on 20.03.2015 in CRM-M-25222015. As per the prosecution story, certain miscreants attempted to rob the police of their official vehicle on 02.01.2014 and they fled from the spot. When they were arrested in case FIR No. 98 dated 16.02.2014 registered under Sections 323/341/342/395 IPC at Police Station Kishangarh Bass, District Alwar, Rajasthan, they allegedly confessed their involvement in the instant FIR and, therefore, they were arrested by obtaining production warrants.

On instructions from ASI Virender Singh, learned State counsel submits that challan has since been presented and charges have also been framed.

Petitioner is in custody from 30.06.2014 and it will take long time in conclusion of the trial.

In view of the above and without expressing any opinion on the merits of case, the instant petition is allowed and the petitioner be admitted to bail on furnishing bail bonds to the satisfaction of trial Court. April 08, 2015 ( R.P. NAGRATH ) rishu JUDGE RISHU KATARIA 2015.04.09 16:19 I attest to the accuracy and authenticity of this document