High Court of Punjab and HaryanaCRM-M/43756/2019allowed

Sandeep v. State Of Haryana

2019-11-22Mr. Justice Surinder Gupta2 pages

CRM-M-43756-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-43756 of 2019 (O&M) Date of Decision: November 22, 2019.

Sandeep ..........PETITIONER

VERSUS

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

Present:

Mr. Saurabh Dalal, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 374 dated 17.09.2019 registered for the offence punishable under Section 25 of Arms Act at Police Station Urban Estate, Rohtak. 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. Heard.

Learned State counsel submits that petitioner was arrested by the police party headed by Head Constable Sant Kumar, CIA Staff, Rohtak JYOTI 2019.11.25 11:23 I attest to the accuracy and integrity of this document

CRM-M-43756-2019 -2and from the right pocket of the petitioner a country made pistol .351 bore was recovered. After completion of investigation, challan against him has been filed in the Court.

Keeping in view the facts of the case and that after completion of investigation, challan against the petitioner has been presented and conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Sandeep is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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

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

( SURINDER GUPTA ) November 22, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.11.25 11:23 I attest to the accuracy and integrity of this document