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High Court of Punjab and HaryanaCRM-M/930/2015allowed

Bhupinder Singh @ Banni And Another v. State Of Haryana

2015-05-29Mr Justice Gurdev Singh2 pages

CRM-M-930 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-930 of 2015 Date of Decision : 29.05.2015 Bhupinder Singh @ Banni and another .....Petitioners

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Rohan Sharma, Advocate for Mr. Vikram Singh, Advocate for the petitioners.

Ms. Dimple Jain, AAG, Haryana.

R.P. Nagrath, J. (Oral) Petitioner seeks bail under Section 439 Cr.P.C. in FIR No. 377 dated 20.09.2014 for offences under Sections 392 and 34 of Indian Penal Code (IPC), registered at Police Station Nissing, District Karnal.

The incident took place on 19.9.2014 when the complainant was allegedly robbed of his motor-bike No. HR-54-B7536 make CD Deluxe. As per prosecution case, recovery of the motor-bike was made from petitioner no. 2 on the next day. The complainant has since been examined in deference to the observations made on 08.05.2015.

It is not disputed that the complainant in crossexamination has made categorical statement refusing to identify petitioner no. 2, though he has made specific statement against the petitioners in the chief-examination.

JITENDER KUMAR 2015.05.30 12:30 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-930 of 2015 -2The petitioners are in custody since 21.09.2014 and it will take time in conclusion of the trial.

In view of the above and without commenting on the merits of the case, the instant petition is allowed and petitioners be admitted to bail on furnishing bail bonds to the satisfaction of the trial Court.

May 29, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.30 12:30 I attest to the accuracy and authenticity of this document Chandigarh