High Court of Punjab and HaryanaCRM-M/36679/2020allowed

Tribhawan v. State Of Haryana

2020-11-11Ms. Justice Jaishree Thakur2 pages

CRM-M No.36679 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36679 of 2020 (O&M) Date of Decision.11.11.2020 (Heard through VC) Tribhawan

...Petitioner

Vs The State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Surinder Gandhi, Advocate for the petitioner.

Mr. Rajiv Goel, DAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.286 dated 10.08.2020 registered under Sections 186, 307, 353 IPC and Sections 25, 29, 54, 59 of Arms Act, 1959 at Police Station IMT, Rohtak, who is in custody since 08.10.2020. Learned counsel for the petitioner herein would contend that reading of the FIR would reflect that he was only a driver of the vehicle and the alleged shots were fired by one Ravinder from whom the pistol has already been recovered. It is further argued that the investigation has been completed and the challan has already been presented, therefore, the petitioner is entitled for concession of bail as his custodial interrogation would no longer be required.

Learned counsel appearing on behalf of the respondent-State opposes grant of regular bail to the petitioner by contending that no ground is made out for grant of bail to the petitioner. PANKAJ KUMAR 2020.11.11 15:35 I attest to the accuracy and integrity of this document

CRM-M No.36679 of 2020 (O&M) -2I have heard learned counsel for the parties and have perused the paper book.

Keeping in view the fact that the petitioner is in custody since 10.08.2020 and the challan has already been presented coupled with the fact that the trial is likely to take some time to conclude owing to novel corona virus pandemic, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond of Rs.30,000/- to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) JUDGE November 11, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.11.11 15:35 I attest to the accuracy and integrity of this document