Anwari v. State Of Haryana

CRM-M-40975-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40975-2019(O & M) Date of Decision:30.09.2019 Anwari

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Rahul Vats, Advocate for the petitioner.

Mr. Sukhdeep Parmar, DAG, Haryana.

Mr. Yowan Sharma, Advocate for the complainant. *** MANOJ BAJAJ, J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.106 dated 18.07.2019, under Sections 148, 149, 323, 452 and 506 IPC and Section 3 of SC/ST Act, registered at Police Station Raipur Rani, District Panchkula. Learned counsel for the petitioner contends that the petitioner is in custody since 03.09.2019 and he is presently confined in judicial custody. It is contended that the injuries allegedly caused by the petitioner was simple in nature and the allegations to constitute the offence punishable under Section 3 of the SC/ST Act are also general in nature. It is pointed out that in all there are 23 accused and some of them have already been granted concession of interim anticipatory bail.

Sheetal Gawri 2019.10.04 11:17 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-40975-2019 (O & M) -2Learned counsel for the complainant has opposed the prayer on the ground that the petitioner participated in the crime and they addressed the victim by their caste and extended the threat. On the other hand, learned State counsel assisted by SI Kashmir Singh has opposed the bail application. However, he does not dispute this fact that the son of the co-accused of the petitioner is on interim anticipatory bail.

Considering the above background and the fact that the petitioner is a lady and the trial is likely to take some time, further detention of the petitioner may not be justified. Therefore, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail subject to her furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court concerned. The petition is allowed.

30.09.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.10.04 11:17 I attest to the accuracy and integrity of this document Chandigarh