Om Parkash v. State Of Haryana

CRM-M No.45136 of 2021 ...1...

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.242 CRM-M No.45136 of 2021 Date of Decision: 08th November, 2021.

Om Parkash

...Petitioner

Versus

State of Haryana

...Respondent

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. R.A.Sheoran, Advocate, for the petitioner.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of this petition, the petitioner seeks the relief of regular bail in the criminal case pertaining to the FIR bearing No.327 dated 28.09.2020 registered at Police Station Bawani Khera, District Bhiwani, under Sections 323, 341, 506 IPC (wherein the offence under Section 307 IPC is stated to have been added later on), with the allegations that he caused injuries to complainant-Hans Raj.

Mr. S.S.Pannu, learned Deputy Advocate General, Haryana, has joined the proceedings in pursuance of the notice of the instant petition having been sent to the respondent-State in advance. I have heard learned counsel for the petitioner as well as learned State counsel in this petition and have also perused the file thoroughly. Learned counsel for the petitioner refers to Annexures P-4 and P-5, the copies of the statements as made by the above-named complainantSEEMA SHARMA 2021.11.08 17:37 I attest to the accuracy of this order

CRM-M No.45136 of 2021 ...2...

injured and his son named Monu while appearing as PW-1 and PW-2 respectively in the trial Court and he points out that both these witnesses have not supported the version of the prosecution and the petitioner is behind the bars since 02.02.2021 and moreover, he (petitioner) is not involved in any other criminal case of the similar nature and he contends that in these circumstances, the petitioner deserves the relief as prayed for in this petition.

Learned State counsel does not dispute the above-referred factual position.

Keeping in view the afore-discussed facts and circumstances and also the fact that the trial of the case is likely to take sufficient time to conclude and without commenting or expressing any opinion on the merits of the case, the petitioner named Om Parkash is ordered to be released on regular bail subject to his furnishing the requisite personal and surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/ Duty Magistrate concerned.

The instant petition stands allowed accordingly. (MEENAKSHI I. MEHTA) JUDGE 08.11.2021.

seema Whether speaking/reasoned?

Yes Whether Reportable?

No SEEMA SHARMA 2021.11.08 17:37 I attest to the accuracy of this order