High Court of Punjab and HaryanaCRM-M/52463/2021allowed

Shakti v. State Of Haryana

2022-01-28Ms. Justice Jaishree Thakur2 pages

CRM-M No.52463 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.52463 of 2021 (O&M) Date of Decision.28.01.2022 (Heard through VC) Shakti

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. R.S. Mamli, Advocate for the petitioner.

Mr. Vishal Malik, DAG, Haryana.

-.- 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 case FIR No.366 dated 04.08.2021 under Sections 323, 324, 452, 506, 34 IPC (Section 326 IPC added later on) registered at Police Station City Fatehabad, District Fatehabad.

Learned counsel for the petitioner would contend that the petitioner herein is in custody since 23.09.2021. It is argued that the injury inflicted upon the complainant is simple in nature and no recovery is to be effected from the petitioner. It is further argued that the complainant has been examined and therefore, there would be no scope for him to influence him. The trial is likely to take some time to conclude and therefore, prays for concession of regular bail to the petitioner. Learned counsel appearing on behalf of the respondent-State opposes grant of regular bail to the petitioner by contending that the complainant has been examined, who has supported the prosecution version PANKAJ KUMAR 2022.01.29 07:50 I attest to the accuracy and integrity of this document

CRM-M No.52463 of 2021 (O&M) -2and other eye-witnesses are yet to be examined. I have heard learned counsel for the parties. Keeping in view the fact that the petitioner is in custody since 23.09.2021 and the complainant has already been examined and the fact that the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. 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) JUDGE January 28, 2022 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.01.29 07:50 I attest to the accuracy and integrity of this document