High Court of Punjab and HaryanaCRM-M/49003/2022allowed

Vishnu And ORS v. State Of Haryana

2022-12-19Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-49003-2022 (O&M) Date of Decision: 19.12.2022 VISHNU AND OTHERS ... Petitioners

Versus

STATE OF HARYANA ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Ravinder Rana, Advocate for the petitioner.

Mr. Gaurav Bansal, AAG Haryana.

**** HARNARESH SINGH GILL, J.(Oral) Through this petition, the petitioners seek regular bail in case bearing FIR No.103 dated 12.05.2022, registered under Sections 307, 323, 325, 506 and 34 IPC, at Police Station Sadar Bahadurgarh, District Jhajjar.

Learned counsel for the petitioners submits that the petitioners have falsely been involved in the present case; that iron rod and sticks blows on person of the complainant, have been attributed to the petitioners and that petitioners No.1 and 2 are in custody since 08.06.2022 and petitioner No.3 since 29.07.2022. He further submits that the complainant-victim and two eye-witnesses, while appearing as PWs before the Court below, have not supported the prosecution version and turned hostile.

Per contra, while opposing the prayer for grant of regular AMAN JAIN 2022.12.20 14:59 I attest to the accuracy and authenticity of this order/judgment.

CRM-M-49003-2022 (O&M) -2bail to the petitioners, learned State counsel does not dispute the custody period of the petitioners. He, however, submits that the petitioners have specifically been named in the FIR and specific injuries have been attributed to them and thus, does not deserve the concession of bail. He, however, submits that, some of the prosecution witnesses are yet to be examined.

I have heard the learned counsel for the parties. The petitioners has been in custody since 08.06.2022 and 29.07.2022. The complainant-victim and two eye-witnesses have turned hostile. Some of the prosecution witnesses are yet to be examined. In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioners behind the bars.

In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of either side, the present petition is allowed and the petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 19.12.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2022.12.20 14:59 I attest to the accuracy and authenticity of this order/judgment.