High Court of Punjab and HaryanaCRM-M/52759/2018allowed

Dalbir Singh@Dhira v. State Of Haryana

2019-02-01Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.52759 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.52759 of 2018 Decided on: 01.02.2019 Dalbir Singh @ Dhira ....Petitioner

Versus

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

Mr. G.S. Sidhu, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.221 dated 21.03.2017, for offence punishable under Sections 147, 148, 149, 307, 323, 324, 325, 201 of the Indian Penal Code (in short 'IPC'), 25/54/59 of the Arms Act, registered at Police Station City Sirsa.

Counsel for the petitioner has submitted that the coaccused of the petitioner namely Baldev Singh @ Guttar @ Buttar has already been granted the concession of regular bail by this Court vide order dated 27.07.2018 passed in CRM-M No.20917 of 2018. It is further submitted that the injured - Parul has given an affidavit that he can recognize the person, who has fired two shots upon him and the petitioner - Dalbir Singh is not the person, who has fired upon him and he do not want to take proceedings against him. MOHD YAKUB 2019.02.01 15:51 I attest to the accuracy and integrity of this document

CRM-M No.52759 of 2018 Counsel for the State has filed the affidavit of Assistant Sub-Inspector, Police Station City Sirsa today in the Court and as per the affidavit, on verification and recording the statement of said Parul, it is found that the affidavit is genuine and Parul has given his affidavit regarding innocence of the petitioner - Dalip Singh @ Dhira. Without commenting anything on merits of the case, considering the fact that the petitioner is in judicial custody since 24.08.2018 and he is not involved in any other case and also in view of the fact that the co-accused of the petitioner has already been granted the concession of regular bail, this petition is allowed and the petitioner is directed to be released on bail subject to 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 of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 01.02.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.02.01 15:51 I attest to the accuracy and integrity of this document