High Court of Punjab and HaryanaCRM-M/40349/2019allowed

Basti Ram v. State Of Haryana And Another

2019-09-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.40349 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.40349 of 2019 Decided on: 25.09.2019 Basti Ram ....Petitioner

Versus

State of Haryana and another ....Respondents CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr.Sandeep Goyat, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.70 dated 27.07.2019 registered under Sections 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and 323, 186, 332, 353, 506 of the Indian Penal Code (in short 'IPC') at Police Station GRP Hisar, District GRP Ambala Cantt. Counsel for the petitioner has submitted that the petitioner is in custody since 22.08.2019 and he is not involved in any other case. It is further submitted that as per the allegations in the FIR, the complainant Jitender Kamal has stated that the petitioner had abused him in filthy language relating to his caste and when he tried to escape, the accused attacked him with a stick and caused injury. Counsel for the petitioner has relied upon the affidavit of the complainant - Jitender Kamal who has stated that the matter has MOHD YAKUB 2019.09.25 16:32 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.40349 of 2019 been compromised between the parties.

Counsel for the State has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since 22.08.2019; the matter stood compromised between the parties and the conclusion of the trial will take long time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 25.09.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.09.25 16:32 I attest to the accuracy and authenticity of this document High Court, Chandigarh