Navdeep Singh @ Cheema v. State Of Haryana

CRM-M No.25387 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.25387 of 2020 (O&M) Date of Decision.09.12.2020 (Heard through VC) Navdeep Singh @ Cheema

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Mohit Chaudhary, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.485 dated 25.11.2018 registered under Sections 148, 149, 302, 307, 323, 427, 452, 506/34 IPC and Sections 25, 54, 59 of Arms Act at Police Station Kurukshetra University, District Kurukshetra.

Learned counsel for the petitioner inter alia would contend that the main accused namely Ravi @ Gorkha, Gulshan and Rahul Malik have already been allowed regular bail by a Coordinate Bench of this Court in CRM-M No.7834 of 2020 and CRM-M No.5209 of 2020 respectively. The co-accused Harsh @ Harshit has been allowed regular bail in CRM-M No.4390 of 2020. It is further argued that the material witnesses namely the complainant, his wife and son have already appeared as prosecution witnesses but did not support the case as set out. It is also argued that recovery of bodkin has been shown from the petitioner whereas the injuries in the MLR are of a blunt weapon.

PANKAJ KUMAR 2020.12.10 17:07 I attest to the accuracy and integrity of this document

CRM-M No.25387 of 2020 (O&M) -2Learned counsel appearing on behalf of the respondent-State opposes the grant of bail by contending that the petitioner herein belongs to a gang of unruly persons and has several cases pending against him. The fact that the matter has been compromise would reflect that pressure has been exerted upon the complainant.

I have heard learned counsel for the parties and have perused the paper book and the orders passed by the Coordinate Bench in the crl. Misc. petitions referred to above.

Keeping in view the fact that the co-accused have already been allowed bail by this High Court and the fact that the material witnesses did not support the case of prosecution, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE December 09, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.12.10 17:07 I attest to the accuracy and integrity of this document