Ram Niwas v. State Of Haryana

CRM-M-31493 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-31493 of 2019 Date of Decision: 09.09.2019 Ram Niwas ....Petitioner

VERSUS

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

Present:

Mr. Munish Behl, 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.190 dated 01.04.2019 registered for the offence punishable under Sections 394 of Indian Penal Code (for short, "IPC") and 3 (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station City Hansi, District Hisar. (Offences punishable under Sections 395 and 397 IPC were deleted later on).

Heard.

Notice of motion.

On asking of the court, Mr. Ms. Dimple Jain, A.A.G. 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.

FIR was registered against the petitioner and his co-accused on the statement of Mukesh, owner of hotel Bundela, wherein he has stated that on 31.03.2019 at about 09.00 p.m., after shutting down his hotel he was about to JITENDER KUMAR 2019.09.10 10:10 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-31493 of 2019 -2leave, petitioner alongwith his co-accused Sonu and others, who were in inebriated condition came there. Accused-Sonu was having kirpan in his hand while remaining accused were having dandas. They asked for money from complainant. When he refused, petitioner gave a danda blow on his head and all the other accused gave him beatings. They removed cash of `8000/- to 10,000/- from cash box of the hotel.

The petitioner was arrested in this case on 11.04.2019. Coaccused, Rajesh @ Raja, with similar allegations has been allowed regular bail by this Court vide order dated 18.07.2019 passed in CRM-M-29545-2019. 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-Ram Niwas 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.

September 09, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No JITENDER KUMAR 2019.09.10 10:10 I attest to the accuracy and integrity of this document Chandigarh Whether reportable Yes/No