High Court of Punjab and HaryanaCRM-M/39305/2022allowed

Virender v. State Of Haryana

2022-09-06Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-39305-2022 Date of Decision:-06.09.2022 VIRENDER ... Petitioner

Versus

STATE OF HARYANA ... Respondent -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Karamveer Singh Banyana, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana. .

-.- KARAMJIT SINGH , J. (Oral) The petitioner has approached this Court seeking grant of regular bail in a case having FIR No.194 dated 28.12.2020 registered under Section 379 IPC at Police Station Jhansa District Kurukshetra. The counsel for the petitioner submits that the petitioner is in custody since 29.5.2022 and no incriminating article was recovered from the petitioner and after completion of investigation challan has been presented and that similarly situated co-accused Ankit has been granted concession of regular bail vide order dated 2.8.2022 (Annexure P-4) and further requests that the petitioner may also be granted concession of regular bail. GAURAV SOROT 2022.09.06 17:47 I attest to the accuracy and authenticity of this order/judgment

( 2 ) CRM-M-39305-2022 Notice of motion.

On the asking of the Court, Ms. Harpreet Kaur, AAG, accepts notice on behalf of State of Haryana and resisted the present petition. However, the State counsel on instructions from HC Sanjeev Kumar has not refuted the fact that after completion of investigation challan has been presented and that co-accused Ankit has been granted bail vide order Annexure P-4.

I have considered the submissions made by counsel for the parties.

Admittedly the offences are triable by the Court of Judicial Magistrate Ist Class. As per the custody certificate furnished by the State counsel, the petitioner has been in custody since last more than 3 months and after completion of investigation challan has been presented and recoveries have already been effected.

In view of the above, as it will take time for the trial to conclude, so no purpose is going to be served by keeping the accused behind the bars for any longer period.

Thus without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate concerned.

( KARAMJIT SINGH) 06.09.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.09.06 17:47 I attest to the accuracy and authenticity of this order/judgment