Mohan Alias Monu v. State Of Haryana

CRM-M-49637-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.213 Case No. : CRM-M-49637-2022 Date of Decision : January 10, 2023 Mohan @ Monu ....

Petitioner vs.

State of Haryana ....

Respondent CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Sandeep Kotla, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

* * * GURBIR SINGH , J. :

This is a petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.270 dated 09.05.2022, under Sections 148, 149, 285, 323, 379-B IPC and Section 25 of the Arms Act, 1959, registered at Police Station Tehsil Camp, District Panipat. Status Report, by way of an affidavit of Dharmavir Singh, HPS, Deputy Superintendent of Police, Head Quarters, Panipat, filed today in Court by learned State Counsel, is ordered to be taken on record. Learned counsel for the petitioner states that no recovery has been effected from the petitioner. He was not present at the spot. Even the petitioner has not been named in the complaint. It has further been stated that the petitioner is in custody since 01.06.2022 and as the completion of trial is likely to take a long time, the petitioner be released on bail. MONIKA 2023.01.10 17:37 I attest to the accuracy and integrity of this document

CRM-M-49637-2022 Learned State Counsel, on the other hand, while opposing the prayer made by learned counsel for the petitioner, states that the petitioner was in custody in some other case. He made disclosure statement in the said case that his friends Pardeep @ Golu Verma, Dheeraj and Amit Kundu along with himself had a fight with the complainant in Wadhwa Ram Colony, Panipat while they were armed with gandasi and a country-made pistol. The pistol was already got recovered by him in another case. Heard learned counsel for the parties and perused the case file. In this case, the petitioner is in custody since 01.06.2022 and the challan has also been presented. There is no allegation against the petitioner that he snatched any money or fired any shot.

Keeping in view the fact that the completion of trial will take a long time, no useful purpose would be served by keeping the petitioner behind bars for a long period. Accordingly, without commenting upon the merits of the case, the present petition is allowed and the petitioner is directed to be released on regular bail, on his furnishing bail bonds/surety bonds, to the satisfaction of learned Trial Court/Illaqa Magistrate/Duty Magistrate, Panipat. However, nothing contained herein above shall be construed as an expression of opinion on the merits of the case. January 10, 2023 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2023.01.10 17:37 I attest to the accuracy and integrity of this document