High Court of Punjab and HaryanaCRM-M/36861/2019allowed

Anil v. State Of Haryana

2019-09-09Mr. Justice Surinder Gupta2 pages

CRM-M-36861-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-36861 of 2019 (O&M) Date of Decision: September 09, 2019 Anil ..........PETITIONER

VERSUS

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

Present:

Mr. Punit Malik, Advocate for the petitioner (s).

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

Notice of motion.

On asking of the court, Ms. Dimple Jain, A.A.G., 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 her.

Learned counsel for petitioner submits that petitioner was on regular bail in this case and could not appear on 25.04.2019 and 02.07.2019 JYOTI 2019.09.10 10:45 I attest to the accuracy and integrity of this document

CRM-M-36861-2019 -2before the trial Court due to miscommunication of date by his counsel in the lower Court to whom he has changed now.

Petitioner surrendered before the trial Court on 01.08.2019 and is 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. Petitioner-Anil is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) September 09, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.09.10 10:45 I attest to the accuracy and integrity of this document