High Court of Punjab and HaryanaCRM-M/26939/2019allowed

Yashvir v. State Of Haryana

2019-06-26Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.26939 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.26939 of 2019 Decided on: 26.06.2019 Yashvir ....Petitioner

Versus

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

Mr. J.S. Dahiya, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, 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.168 dated 30.05.2018, for offence punishable under Sections 147, 149, 323, 307, 325, 506, 341 of the Indian Penal Code (in short 'IPC') registered at Police Station Uchana, Jind, District Jind.

Counsel for the petitioner has submitted that the injured witness namely Satsher while appearing as PW5 and the other injured witness PW2 - Parvesh, were declared hostile and they have failed to identify the petitioner and other accused in the Court. It is further submitted that the petitioner is not involved in any other case and two of the co-accused of the petitioner namely Chatterpal and Vikram have already been granted the concession of the regular bail vide order dated MOHD YAKUB 2019.06.26 13:00 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.26939 of 2019 22.05.2019 passed in CRM-M No.34611 of 2018.

Counsel for the State, on instructions from ASI Balwan Singh, has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the petitioner is not involved in any other case; two of the co-accused of the petitioner have already been granted the concession of the regular bail and it will take some time in conclusion of the trial, 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 26.06.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.06.26 13:00 I attest to the accuracy and authenticity of this document High Court, Chandigarh