High Court of Punjab and HaryanaCRM-M/48118/2019allowed

Sonu @ Lakhbir Singh v. State Of Haryana

2019-12-11Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.48118 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.48118 of 2019 Decided on: 11.12.2019 Sonu @ Lakhbir Singh ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Arun Sharma, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.57 dated 02.10.2019 under Sections 323, 324, 34, 506 of the Indian Penal Code, 1860 (in short 'IPC') (Section 326 IPC added later) registered at Police Station Nigdhu Karnal, District Karnal.

Counsel for the petitioner has argued that as per the allegations in the FIR, the has given a kapa blow on the right leg of the victim. It is further argued that it is mentioned in the FIR itself that there was a dispute regarding the sale of a vehicle by the brother of the complainant. It is also submitted that the investigation is complete, challan stands presented and it will take some time in conclusion of the trial.

Counsel for the State, on instructions from ASI Satyawan, has not disputed the factual position but opposed the prayer for bail. It is further submitted that 02 of the co-accused of the petitioner namely MOHD YAKUB 2019.12.11 15:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.48118 of 2019 Rajeev Kumar and Kabir have already been released on bail and Section 326 IPC was added later on.

Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since 08.10.2019; the co-accused of the petitioner have already been released on bail; the custodial interrogation of the petitioner is no more required; challan stands presented and it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate. However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 11.12.2019 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.12.11 15:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh