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Punjab-Haryana High Court

Sunil vs State Of Haryana on 8 February, 2017

Author: Inderjit Singh

Bench: Inderjit Singh

                                                                        206
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


                                          CRM No.M-3026 of 2017 (O&M)
                                        Date of Decision: February 08, 2017


Sunil
                                                                ...Petitioner

                                    VERSUS

State of Haryana
                                                              ...Respondent


CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH


Present:     Mr.Pawan Kumar Hooda, Advocate
             for the petitioner.

                    ****

INDERJIT SINGH, J.

Petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.22 dated 14.01.2016 under Sections 302 and 34 IPC (Sections 201, 202 IPC and Section 25 of Arms Act, added later on), registered at Police Station Model Town Panipat, District Panipat.

Notice of motion.

On asking of the Court, Mr.B.S.Virk, Deputy Advocate General, Haryana, who is present in the Court, accepted notice on behalf of the respondent-State and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

At the time of arguments, learned State counsel admitted that main accused is Deepak, who fired from his pistol on Rohit (deceased). At 1 of 2 ::: Downloaded on - 12-02-2017 20:47:24 ::: CRM No.M-3026 of 2017 -2- that time, as per prosecution version, the present petitioner was in the kitchen but he helped in disposing of the dead body of Rohit. As per prosecution version, the petitioner is not the main accused. Rather he was present in the house of Deepak at the time of occurrence, though in kitchen, but he helped the main accused by taking the dead body on his motorcycle, which was thrown away.

The present petitioner is in custody since 14.01.2016 i.e. for the last more than one year. He is not required for any investigation or interrogation purposes. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with two sureties in the like amount to the satisfaction of the trial Court/Duty Magistrate.

February 08, 2017                                    (INDERJIT SINGH)
Vgulati                                                   JUDGE

            Whether speaking/reasoned                     Yes
            Whether reportable                            No




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