Randeep v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. M - 29117 of 2020 (O&M) DATE OF DECISION: 25.09.2020 Randeep .... Petitioner.

Vs.

State of Haryana .....Respondent CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Aayush Gupta, Advocate, for the petitioner. Ms.Dimple Jain, AAG, Haryana.

ALKA SARIN, J (Oral) Heard through Video Conferencing.

The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short, 'CrPC') for grant of regular bail to the petitioner in FIR No.0133 dated 17.06.2020 registered under Sections 147, 148, 149, 323, 341, 506 of the Indian Penal Code, 1860 (for short, 'IPC') [Sections 325, 307, 34 IPC were added later on and Sections 147, 148, 149 IPC have been deleted in the report under Section 173 CrPC] registered at Police Station Garhi, District Jind. Learned counsel for the petitioner would contend that the injury attributed to the petitioner is simple in nature and the attribution is of bailable offence.

Notice of motion.

On the asking of the Court, Ms. Dimple Jain, Assistant Advocate General, Haryana has put in appearance on behalf of the respondent-State through video conferencing and accepts notice. She, on instructions from ASI Ashok Kumar, is not in a position to deny that the injury attributed to the present petitioner is simple in nature. Learned TRIPTI SAINI 2020.09.28 10:16 I attest to the accuracy and integrity of this document

Crl. Misc. M - 29117 of 2020 (O&M) -2counsel for the State has further stated on instructions that there is no other case pending against the petitioner.

I have heard learned counsel for the parties. In the present case, only injury attributed to the present petitioner is with 'gandasa' on the feet of Pawan. The injury, even as per the State counsel on instructions, is simple in nature. In view of the submissions made by learned counsel for the parties and without commenting on the merits of the case and the fact that the trial is unlikely to conclude in the near future in view of the current scenario in the wake of the outbreak of the COVID-19 pandemic, I deem it to be a fit case to grant concession of regular bail to the petitioner. The petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, concerned.

However, the Prosecution will always be at liberty to get the bail cancelled, in case the petitioner is found to be misusing the concession of bail in any manner.

September 25, 2020 (ALKA SARIN) tripti JUDGE NOTE:

Whether speaking/non-speaking: Yes/No Whether reportable: Yes/No TRIPTI SAINI 2020.09.28 10:16 I attest to the accuracy and integrity of this document