Ram Niwas v. State Of Haryana

CRM-M-35947 of 2020 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-35947 of 2020 Date of Decision: 11.01.2021 Ram Niwas ......Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Vikas Bishnoi, Advocate for the petitioner. Mr. Rajneesh Chadwal, AAG, Haryana.

HARINDER SINGH SIDHU, J Prayer is for grant of regular bail in case FIR No.347 dated 14.09.2020 under Sections 323,324,34,506 IPC and Section 25 of Arms Act (Section 326 IPC added later on), registered at P.S Sadar Fatehabad, District Fatehabad.

FIR was registered on the complaint of Ramesh Kumar, who alleged that he was Sarpanch of Village Dharnia. On 13.09.2020, at about 4.00 p.m, his son Harsh gave a telephonic information that Ram Niwas son of Om Parkash, resident of village Dharnia was quarrelling with his son. On having received the said information, he reached the shop of Ram Niwas, who was working as Barber and asked the reason for quarrelling. Upon this, the petitioner is alleged to have given sword blow on the right side of his head. When the complainant raised his right hand in order to save himself, he received injuries on the thumb of his right hand, his index and middle finger and on his arm as well. In the meantime, father of the petitioner namely Om Parkash also came there and caused injuries to the complainant and his son with bricks lying in the street at the spot. Upon MANOJ KUMAR 2021.01.12 11:20 I attest to the accuracy and integrity of this document

CRM-M-35947 of 2020 #2# raising alarm, both the assailants fled from the spot with the sword and also threatened them to kill.

Learned counsel for the petitioner contends that recovery has already been effected from the petitioner. The petitioner in custody since 28.09.2020 and that the trial is not making any headway due to covid outbreak.

Opposing the petition, the learned State counsel has submitted that investigation is complete and challan has been filed. Without commenting anything on the merits of the case and also bearing in mind the fact that the trial is unlikely to conclude in the near future more so in the wake of outbreak of pandemic Covid-19, in my opinion, no useful purpose will be served by detaining the petitioner behind bars any further. The petition, as such, is accepted. The petitioner Ram Niwas is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

This present petition stands accepted accordingly. January 11, 2021 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2021.01.12 11:20 I attest to the accuracy and integrity of this document