High Court of Punjab and HaryanaCRM-M/41442/2019allowed

Atul And Another v. State Of Haryana

2019-10-03Mr. Justice Surinder Gupta2 pages

CRM-M-41442-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-41442 of 2019 (O&M) Date of Decision: October 03, 2019 Atul and another ..........PETITIONERS

VERSUS

State of Haryana ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Saurabh Sharma, Advocate for the petitioners.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioners in case FIR No. 83 dated 22.03.2019 registered for the offences punishable under Sections 148, 323, 324, 302, 427, 295-A, 120-B read with Section 149 of Indian Penal Code at Police Station Cheeka, District Kaithal. Heard.

Notice of motion.

On asking of the court, Mr. Munish Sharma, Asst. A.G., Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him. Learned counsel for the petitioners seeks regular bail for the petitioners on parity with Lakhi Ram and another, who were allowed regular JYOTI 2019.10.04 10:03 I attest to the accuracy and integrity of this document

CRM-M-41442-2019 -2bail vide order dated 17.09.2019 passed in CRM No. M-38818 of 2019. Learned State counsel does not dispute that the case of petitioners is on parity with aforesaid Lakhi Ram and another. He submits that the petitioners have not been attributed any injury to Shamsher i.e father of complainant. In the supplementary statement of complainant, they have been attributed damage to the Gurudwara. In view of submissions of learned State counsel and on parity with Lakhi Ram and another, the present petition is allowed. Petitioners namely Atul and Tarsem are ordered to be released on regular bail on furnishing their bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of their absence on any date of hearing, the benefit of bail allowed to the petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bonds and surety bonds and proceed to procure their presence in accordance with law. In that eventuality the petitioners shall have to apply for bail afresh.

c. They shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) October 03, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.10.04 10:03 I attest to the accuracy and integrity of this document