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Punjab-Haryana High Court

Prem Kumar vs State Of Haryana on 5 September, 2014

Author: T.P.S.Mann

Bench: T.P.S.Mann

                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH


                                                   Criminal Misc. No. M-29787 of 2014
                                                   Date of Decision : September 05, 2014

                    Prem Kumar
                                                                          .....Petitioner
                                                    VERSUS
                    State of Haryana
                                                                        .....Respondent

                    CORAM: HON'BLE MR. JUSTICE T.P.S.MANN

                    Present : Mr. P.K. Hooda, Advocate
                              for the petitioner.

                                   Mr. Gaurav Dhir, Deputy A.G., Haryana.

                    T.P.S. MANN, J. (Oral)

Prayer made in the petition is for grant of regular bail to the petitioner during trial of the case arising out of FIR No.190 dated 30.6.2014 under Sections 148/149/323/506 IPC to which offence under Section 307 IPC was added later on, registered at Police Station Badhra, District Bhiwani.

Learned counsel for the petitioner submits that the petitioner is suffering from permanent disability to the extent of 100% as his both legs are afflicted by polio. He uses crutches for walking. Further, injury attributed to Sandeep, co-accused of the petitioner, falls within the ambit of Section 307 IPC. The petitioner is behind the bars since 5.8.2014. Even the challan has not been presented so far. As the trial of the case is likely to take a long time, therefore, the petitioner may be granted the concession of bail. SATISH KUMAR 2014.09.06 18:07 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No. M-29787 of 2014 -2-

Learned State counsel has opposed the prayer made on behalf of the petitioner by submitting that the petitioner and his co-accused had caused injuries with an intent to kill the complainant. He, however, could not dispute the fact that the petitioner is suffering from permanent disability.

Without commenting on the merits, lest it may prejudice the case of either party, this Court is of the considered view that the petitioner deserves the concession of bail.

Resultantly, the petition is accepted. Bail to the satisfaction of the Chief Judicial Magistrate, Bhiwani.





                                                                ( T.P.S. MANN )
                    September 05, 2014                                JUDGE
                    satish




SATISH KUMAR
2014.09.06 18:07
I attest to the accuracy and
integrity of this document
Chandigarh