Pardeep Alias Kala v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31799-2022 Date of Decision:-09.08.2022 PARDEEP @ KALA ....Petitioner

Versus

STATE OF HARYANA ... Respondent -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Partap Singh, Advocate for the petitioner.

Mr. Naveen Kumar Sheoran, DAG, Haryana.

Mr. Naveen Siwach, Advocate for the complainant.

-.- KARAMJIT SINGH , J. (Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.162 dated 15.3.2022 registered under Sections 323, 342, 365, 397, 506, 34 IPC and Section 25 of Arms Act (Section 324 IPC and Sections 25(1-B) and 27/54/59 of Arms Act added later on) at Police Station Old Industrial, Panipat, District Panipat As per the allegations appearing on record, complainant-Balwan Singh was abducted by Baljit, Daya, Abhishek & Jagmal and he was forcibly taken to house of one Randeep, whereby Balwan Singh was given beatings and `10,000/- were snatched from him but he succeeded in escaping from the clutches of aforesaid persons and reported the matter to the police. GAURAV SOROT 2022.08.09 16:33 I attest to the accuracy and authenticity of this order/judgment

( 2 ) CRM-M-31799-2022 The counsel for the petitioner submits that the petitioner was not named in the FIR and was apprehended on 16.3.2022 and that police has presented the challan. He further contends that the matter has now been compromised with the complainant vide affidavit (Annexure P-2). The counsel for the petitioner further submits that similarly situated co-accused have already been granted concession of regular bail vide orders Annexures P-6 to P-10. The counsel for the petitioner further made prayer that the petitioner be granted regular bail.

Mr. Naveen Siwach, Advocate appearing for the complainant has pleaded no objection if the bail is granted to the petitioner. The petition is resisted by State counsel who submitted that petitioner is facing serious charges and that the trial is yet to commence. However the State counsel on instructions from P/SI Bansi Lal has not disputed the fact regarding grant of bail to the co-accused. I have considered the submissions made by counsel for the parties.

Keeping in view facts and circumstances mentioned above and without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate concerned.

( KARAMJIT SINGH) 09.08.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.08.09 16:33 I attest to the accuracy and authenticity of this order/judgment