Bagicha Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- April 06, 2018 Bagicha Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Dr. Deipa Singh, Advocate for the petitioner. Mr. Neeraj Poswal, AAG, Haryana.

*** This petition for regular bail has been filed by petitioner Bagicha Singh, an accused in F.I.R. No. 333 dated 25.8.2017 for offences under Sections 148/149/186/188/307/332/353/452/506/511 IPC and Section 3 of Prevention of Damage to Public Property Act registered with Police Station Sector-5, Panchkula.

Briefly stated the facts of the case as per prosecution story are that in aftermath of conviction of Head of Dera Sacha Sauda, Sirsa, his followers indulged in large scale arson and violence causing destruction of public property while being armed with dangerous weapons. They tried to set ablaze Police Station besides assaulting public servants on duty. The police had to resort to firing to control the mob. The present petitioner was arrested in this case on 6.10.2017.

He had moved an application for bail in the Court below but the same was dismissed, as such he has approached this Court by way of filing the petition, notice of which was given to the State. I have heard learned counsel for the petitioner and learned State counsel besides going through the record.

Admittedly the petitioner is not named in the F.I.R. and he was not arrested from the spot. Many of the co-accused of the petitioner have been granted concession of regular bail. The trial in the case is going on. The guilt shall be determined during the trial. As such, without going into the merits of the case, I find that it would be in fitness of things if the present petition is allowed. Doing so, the petitioner is ordered to be released on bail on furnishing bail bond and surety bond to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Panchkula subject to the following conditions : - (i) he shall appear in the Court on each and every date of hearing.

(ii) he shall not give any threat or intimidation to the prosecution witnesses.

(iii) he shall not leave India without prior permission of the Court and shall surrender his Passport, if he has got one otherwise to furnish affidavit in that regard. In addition to that the trial Court may impose any term and condition found suitable to ensure that the petitioner does not abscond and interfere in the trial.

In case the petitioner violates any term and condition on which

the bail has been granted to him, the order shall be liable to be withdrawn. (H.S. MADAAN) JUDGE April 06, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No