High Court of Punjab and HaryanaCRM-M/32180/2019allowed

Joginder v. State Of Haryana

2019-12-13Mr. Justice Surinder Gupta2 pages

CRM-M-32180 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-32180 of 2019 (O&M) Date of Decision: 13.12.2019 Joginder ....Petitioner

VERSUS

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

Present:

Mr. Vivek Singla , Advocate for the petitioner.

Mr. Munish Sharma, AAG Haryana.

******* 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.82 dated 25.04.2019 registered for offences punishable under Sections 148, 149, 323, 341, 365, 506 of Indian Penal Code (for short, "IPC"); 3 (1) (s) and 3 (2) (va) of the the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 at Police Station Uchana, District Jind. Heard.

Learned counsel for petitioner seeks bail for the petitioner on parity with co-accused, namely, Rahul and Pardeep @ Sonu, who have been allowed regular bail vide orders dated 11.07.2019 and 26.08.2019 passed in CRM-M-28316-2019 and 33458-2019, respectively. Learned State counsel submits that allegations against the petitioner are similar to allegations against aforesaid co-accused, who are already on bail.

Without expressing any opinion on merits of the case; applying JITENDER KUMAR 2019.12.13 16:44 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-32180 of 2019 -2the principle of parity and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. PetitionerJoginder 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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.

December 13, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.12.13 16:44 I attest to the accuracy and integrity of this document Chandigarh