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High Court of Punjab and HaryanaCRM-M/42483/2021allowed

Shri Bhagwan v. State Of Haryana

2021-10-14Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-42483-2021 (O&M) Date of Decision:-14.10.2021 Shri Bhagwan ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amit Kumar Jain, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted by ASI Shiv Parkash.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.180 dated 5.6.2018 at Police Station Kanina, District Mahendergarh under Sections 279, 304, 420, 120-B and 212 of Indian Penal Code.

2.

Learned counsel for the petitioner submits that the petitioner had already been granted bail in the present case by the Trial Court on 19.6.2021 but somehow on account of incessant rain, he could not appear before the Trial Court on 30.7.2021 on account of which his bail was cancelled. It has been submitted that shortly thereafter the petitioner himself surrendered before the PANKAJ KAKKAR 2021.10.14 17:46 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-42483-2021 (O&M) Trial Court on 17.8.2021. It has been submitted that after surrendering, he again applied for grant of bail but the learned Trial Court has dismissed the same vide order dated 17.9.2021.

3.

Opposing the petition, learned State counsel has submitted that since the petitioner had violated the condition of grant of bail by remaining absent, no case for grant of bail is made out.

4.

I have considered aforesaid submissions.

5.

Having regard to the fact that the petitioner had surrendered before the Trial Court within about a fortnight of cancellation of his bail and has now been behind bars since the last about two months, further detention of the petitioner will not be justified. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

14.10.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.10.14 17:46 I attest to the accuracy and integrity of this document