High Court of Punjab and HaryanaCRM-M/41298/2022allowed

Pardeep @ Bagru v. State Of Haryana

2022-12-21Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41298-2022 Date of Decision:-21.12.2022 PARDEEP @ BAGRU ... Petitioner

Versus

STATE OF HARYANA ... Respondent -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Amit Chaudhary, Advocate for the petitioner.

Mr. Vishal Kashyap, DAG, Haryana.

-.- KARAMJIT SINGH , J. (Oral) Prayer is for grant of regular bail in case having FIR No.193 dated 24.10.2018 registered under Sections 323, 452, 506/34 and Section 307 IPC added subsequently at Police Station Jakhal, District Fatehabad. The counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in this case and is incarcerated since 25.10.2018 and during trial, complainant-injured Abhishek while appearing in the witness box, has not supported the case of the prosecution and copy of his testimony is Annexure P-2 and even the mother of the complainant was declared a hostile witness and copy of her testimony is Annexure P-3. GAURAV SOROT 2022.12.23 10:36 I attest to the accuracy and authenticity of this order, judgment and documents.

( 2 ) CRM-M-41298-2022 The instant petition is resisted by the State counsel, who on instructions from ASI Sohan Singh has not disputed the fact that complainant and her mother have been declared hostile during trial and has not disputed the custody period undergone by the petitioner. I have considered the submissions made by counsel for the parties.

In view of the above, as the material witnesses have failed to support the case of prosecution, 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) 21.12.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.12.23 10:36 I attest to the accuracy and authenticity of this order, judgment and documents.