Satbir v. State Of Haryana

CRM-M-45576-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-45576 of 2019 (O&M) Date of Decision: December 13, 2019 Satbir ..........PETITIONER

VERSUS

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

Present:

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

******* SURINDER GUPTA, J.(Oral) Heard.

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. 111 dated 01.05.2019 registered for the offence punishable under Section 379-A of Indian Penal Code at Police Station City Ratia. 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. As per the case of prosecution, complainant Dinesh Kumar was making collection from Picasso General Store, near Aggarwal Dharmshala, Ratia when petitioner came to the spot and snatched his cash bag and ran away. The complainant raised hue and cry, followed and nabbed him. The JYOTI 2019.12.13 17:42 I attest to the accuracy and integrity of this document

CRM-M-45576-2019 -2snatched bag was recovered and matter was reported to the police. Learned counsel for the petitioner submits that complainantDinesh Kumar appeared as PW-3 but has not supported the prosecution version. Other witnesses namely Sunil Kumar-PW4, Ravinder Kumar-PW5 and Satvinder Singh-PW6 have also turned hostile. As per the case of prosecution, the petitioner was apprehended at the spot, however, prosecution witnesses have not supported its case. Keeping in view the above facts but without expressing any opinion on the merits of the case, the present petition is allowed. Petitioner Satbir is ordered to be released on regular bail on his 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b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 ) December 13, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.12.13 17:42 I attest to the accuracy and integrity of this document