Naresh @ Neshi v. State Of Haryana

CRM-M-28871-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28871-2019 (O & M) Date of Decision:16.07.2019 Naresh @ Neshi

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. J.P. Rana, Advocate for the petitioner.

Mr. Sukhdeep Parmar, DAG, Haryana.

*** MANOJ BAJAJ, J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.59 dated 17.01.2019, under Sections 34 and 379-B IPC, registered at Police Station Sadar, District Karnal.

The FIR was registered on the basis of statement of Kuldeep Singh son of Ishwar Singh, wherein it was alleged that on 16.01.2019, when he was going to house after collection of cash of `93,000/- from his liquor shop, then about 5-6 persons namely Neshi (petitioner), Raju along with his elder brother and 2-3 more persons namely Nasib attacked upon him with Gandasi, Danda and Binde. The assailants snatched `93,000/- and motorcycle from the complainant. On these allegations, the above mentioned FIR was registered.

Sheetal Gawri 2019.07.18 16:17 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-28871-2019 (O & M) -2Learned counsel the petitioner contends that the petitioner though named in the FIR but has been falsely implicated. He further contends that the concession of regular bail is already extended to coaccused namely Deepak @ Deepu in CRM-M-24626-2019 passed by this Court. It is pointed out that after investigation, final report already stands submitted and further custody of the petitioner may not be justified. On the other hand, bail application is opposed by learned State counsel. It is not disputed by the learned State counsel that investigation in the case is complete and the concession of regular bail has already been extended to the co-accused .

Considering the above background and the fact that trial is likely to take some time, further detention of the petitioner may not be justified. Therefore, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court concerned.

The petition is allowed.

16.07.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.07.18 16:17 I attest to the accuracy and integrity of this document Chandigarh