Punjab-Haryana High Court
Ankush vs State Of Haryana on 26 April, 2018
CRM-M No.7185 of 2018 -1-
217
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M No.7185 of 2018
Date of Decision: 26.04.2018
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Ankush
..... Petitioner
Versus
State of Haryana
..... Respondent
CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present: Mr. Ashish Pannu, Advocate,
for the petitioner.
Mr. Manish Bansal, D.A.G., Haryana.
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SUDIP AHLUWALIA, J. (ORAL)
In this petition, the petitioner seeks his release on regular bail in F.I.R. No.37, dated 27.03.2017, under Sections 279, 337 of the Indian Penal Code (since deleted) and Sections 307, 332, 333, 353, 412, 420, 186, 473, 120-B and 216 of the Indian Penal Code, Sections 25 and 29 of the Arms Act and Section 3 of the Prevention of Damage to Public Property Act (added later on), registered at Police Station Panjhokhra, District Ambala.
2. The petitioner was arrested on 26.06.2017.
3. Originally the F.I.R. was drawn up under Sections 279/337 of the Indian Penal Code. Subsequently, rest of the Sections were added.
4. It is the case of the State that the collision between the vehicle 1 of 2 ::: Downloaded on - 13-05-2018 16:26:49 ::: CRM-M No.7185 of 2018 -2- in which the petitioner was going and the Police vehicle in which the juvenile Sahil was being taken was not simply an accident. On the contrary, it is stated to have been a premeditated collision with an intention to kill the said juvenile who was in Police custody.
5. The available material against the petitioner emanates essentially from the disclosure statements of the accused persons themselves and the original F.I.R. does not indicate anywhere that the offenders were carrying any arms or ammunitions.
6. Investigation has since been completed and challan submitted.
7. Further detention of the petitioner for an indefinite period at this stage is, therefore, not justified.
8. In view of above, the present petition is allowed. The petitioner, namely Ankush son of Baljeet Singh, is directed to be released on regular bail subject to appropriate terms and conditions to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. However, the Ld. Trial Court shall not be influenced by any observations made in any part of this order and shall come to its final decision after trial, independently on its own merits.
26.04.2018 (SUDIP AHLUWALIA)
Apurva JUDGE
1. Whether speaking/ reasoned : Yes/ No
2. Whether reportable : Yes/ No
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