High Court of Punjab and HaryanaCRM-M/42954/2020allowed

Om Prakash v. State Of Haryana

2021-02-16Ms. Justice Jaishree Thakur2 pages

CRM-M No.42954 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.42954 of 2020 (O&M) Date of Decision.16.02.2021 Om Prakash

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Partap Singh, Advocate for the petitioner.

Mr. Gurbir Singh Dhillon, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) CRM No.4361 of 2021 Application is allowed as prayed for.

Annexures P-1 to P-6 are taken on record subject to all just exceptions.

CRM-M No.42954 of 2020 The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.147 dated 05.06.2020 under Sections 406, 420 IPC and Section 24 of Immigration Act, 1983 (later on Section 370 IPC added) registered at Police Station Nissing, District Karnal.

Counsel for the petitioner inter alia would contend that the petitioner has wrongly been implicated in the said FIR. It is further submitted that the co-accused namely Surender has already returned the amount to the complainant. The petitioner is in custody since 18.06.2020. The challan has already been presented and therefore, custodial PANKAJ KUMAR 2021.02.18 10:33 I attest to the accuracy and integrity of this document

CRM-M No.42954 of 2020 (O&M) -2interrogation of the petitioner would no longer be required. Learned counsel appearing for the respondent-State opposes the bail application of the petitioner by submitting that no ground for bail is made out.

I have heard learned counsel for the parties. Keeping in view the fact that the co-accused namely Surender has already returned money to the complainant and the challan has already been presented and the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond of `1 lakh to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE February 16, 2021 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.02.18 10:33 I attest to the accuracy and integrity of this document