Deepak Alias Golu v. State Of Haryana

CRM-M No.48570 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.48570 of 2021 (O&M) Date of Decision.28.02.2022 Deepak alias Golu

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. G.C. Shahpuri, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

Mr. Manoj Pundir, Advocate for the complainant.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.328 dated 23.06.2021 registered under Sections 307, 324, 326, 201, 34 IPC and Sections 25 of the Arms Act at Police Station Sadar, Yamuna Nagar. Learned counsel appearing for the petitioner would contend that the petitioner is in custody since 30.06.2020 and the material witnesses have turned hostile. It is further contended that the matter has been compromised between the parties and therefore, prays for concession of regular bail to the petitioner.

Learned counsel appearing for the respondent-State while opposing grant of regular bail to the petitioner would submit that one of the injured is yet to be examined.

At this stage, appearance has been caused on behalf of the injured-Bhushan and the complainant, who submits that the matter stands PANKAJ KUMAR 2022.02.28 15:05 I attest to the accuracy and authenticity of this document

CRM-M No.48570 of 2021 (O&M) -2compromised. In this regard, he has filed affidavit dated 08.02.2022 given by the injured-Bhushan, which is taken on record. I have heard learned counsel for the parties and have perused the paper book. Keeping in view the fact that the matter has been compromised between the parties and the material witnesses have been examined, who did not support the prosecution version, no useful purpose would be served in keeping the petitioner behind bars. Consequently, the instant petition is allowed and the petitioner is directed to be released on regular bail on his execution of adequate personal/surety bonds 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) February 28, 2022 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.02.28 15:05 I attest to the accuracy and authenticity of this document