High Court of Punjab and HaryanaCRM-M/49449/2019allowed

Nirdosh v. State Of Haryana

2020-07-10Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2020.07.10 15:37 I attest to the accuracy and integrity of this document CRM-M No.49449 of 2019 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.49449 of 2019 (O&M) Date of Decision.10.07.2020 (Heard through VC) Nirdosh

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Vikas Bishnoi, Advocate for the petitioner.

Ms. Mahima Yashpal, DAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) CRM No.14845 of 2020 For the reasons stated in the application, the same is allowed and the main case is taken up for hearing today itself. CRM-M No.49449 of 2019 This is a petition that has been filed for grant of regular bail in case FIR No.243 dated 15.07.2019 under Sections 306 and 34 IPC registered at Police Station Bhuna, District Fatehabad. Counsel for the petitioner herein would contend that the petitioner has been falsely implicated in the aforementioned FIR. The petitioner is in custody since 19.07.2019. Statement of the complainant has been recorded wherein she has not supported the case of prosecution, therefore, the petitioner is entitled to concession of bail. Learned counsel appearing for the respondent-State does not dispute the factum of having not supported the case of prosecution by the complainant.

CRM-M No.49449 of 2019 (O&M) -2I have heard learned counsel for the parties. Since the complainant has turned hostile as he has not supported the case of prosecution and the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters and therefore, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE July 10, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No