Punjab-Haryana High Court
Sakeel vs State Of Haryana on 8 April, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM No.M-990 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M- 990 of 2013(O&M)
Date of Decision: April 8, 2013.
Sakeel
...... PETITIONER(s)
Versus
State of Haryana
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Satish Chaudhary,
Advocate, for the petitioner.
Ms. Shruti Jain, AAG, Haryana.
*****
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.281 dated 01.09.2012, under Sections 307/34 IPC, registered at police station Hathin, District Palwal.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Palwal dismissing bail application filed on behalf of the petitioner.
It has been contended by learned counsel for petitioner-accused CRM No.M-990 of 2013 2 that even as per prosecution version, injuries received by nephew of complainant is on non-vital part of the body and that no injury was declared as dangerous to life and that he has been continuing in custody since 05.09.2012. It is further contended that though investigation already completed and challan filed and however, trial is not likely to be concluded in near future as no witness has been examined so far This factual position has not been disputed by learned counsel for the State. However, it has been stated that fracture of leg of nephew of complainant was found.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Sakeel is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Palwal.
( RAM CHAND GUPTA ) April 8, 2013. JUDGE 'om'