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High Court of Punjab and HaryanaCRM-M/34547/2019allowed

Rahul And Others v. State Of Haryana

2019-08-29Mr. Justice Surinder Gupta2 pages

CRM-M-34547 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-34547 of 2019 Date of Decision: 29.08.2019 Rahul and others ....Petitioners

VERSUS

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

Present:

Mr. Punit Malik, Advocate for the petitioners.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to petitioners in case FIR No.201 dated 10.05.2017 registered for offences punishable under Sections 341, 323, 148, 149, 379-B, 427 and 201 of Indian Penal Code, and 25 of the Arms Act, at Police Station Pataudi, District Gurugram. Heard.

Notice of motion.

On asking of the Court, Mr. Kuldeep Sharma, DAG, Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

Learned counsel for petitioners submits that petitioners were on regular bail in this case and could not appear on 25.04.2019 and 02.07.2019 before the trial Court due to miscommunication of date by their counsel in the lower Court to whom they have changed now. Petitioners surrendered before the trial Court on 01.08.2019 and JITENDER KUMAR 2019.08.30 16:31 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-34547 of 2019 -2are in custody since then.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioners, namely, Rahul, Manoj, Praveen and Bhoop Singh @ Anda are ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of their absence on any date of hearing, the benefit of bail allowed to petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bonds and surety bonds and proceed to procure their presence in accordance with law. In that eventuality the petitioners shall have to apply for bail afresh. (c) They shall not leave the country without the previous permission of the Court.

August 29, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.08.30 16:31 I attest to the accuracy and integrity of this document Chandigarh