Sonu@ Dogga v. State Of Haryana

CRM-M-30931 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-30931 of 2019 Date of Decision: 29.08.2019 Sonu @ Dogga ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. R.N. Lohan, Advocate for the petitioner.

******* SURINDER GUPTA, 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.320 dated 22.11.2018 registered for offences punishable under Sections 307 read with Section 34 of Indian Penal Code (for short, "IPC"); and 25 of the Arms Act, at Police Station Julana, District Jind. Heard.

Notice of motion.

On asking of the Court, Mr. Munish Sharma, AAG Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

As per case of prosecution, petitioner alongwith his co-accused attacked the police party when it conducted raid as per secret information to nab them. A shot was fired at SI Jaiveer Singh, which missed. Learned counsel for the petitioner submits that accused, Shri JITENDER KUMAR 2019.08.30 16:56 I attest to the accuracy and integrity of this document Chandigarh Ram @ Monu, who allegedly fired at SI Jaiveer Singh, has already been

CRM-M-30931 of 2019 -2allowed regular bail vide order dated 16.05.2019 by learned Sessions Judge, Jind. From the petitioner, an iron rod was recovered. It is a no injury case. The person, who allegedly fired shot at SI Jaiveer Singh, has been allowed regular bail. The petitioner was arrested in this case on 22.11.2018. After completion of investigation challan has been presented in Court.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Sonu @ Dogga is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

August 29, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.08.30 16:56 I attest to the accuracy and integrity of this document Chandigarh