Punjab-Haryana High Court
Juned vs State Of Haryana on 29 October, 2018
232 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-46613-2018
Date of decision: October 29, 2018
Juned ....Petitioner
Versus
State of Haryana ....Respondent
CORAM: HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. Vikram Singh, Advocate
for the petitioner.
Mr. Raj Kumar Makkad, DAG, Haryana.
RAJ SHEKHAR ATTRI, J.(ORAL)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to petitioner-Juned, in case FIR No.170 dated 01.04.2016 registered for the offences punishable under Sections 148, 149, 307, 323, 506 of the Indian Penal Code, 1860 (for short 'IPC') (Sections 383, 384, 302 IPC added later on) and Section 25 (Act No.54 of 1959) of Arms Act, 1959 at Police Station Punhana, District Nuh.
It is a case of the prosecution that on 31.03.2016 at about 02:30 p.m., petitioner along with associates had caused injuries to the complainant. The role attributed to him is that he has thrown brick bat towards the complainant. On the similar circumstances, 08 co-accused have already been granted the benefit of bail. Out of 50 witnesses, 30 witnesses have been examined.
Without expressing any opinion on merits of the case and the fact that conclusion of trial will take considerably long time, no useful purpose would be served by detaining the petitioner behind the bars, 1 of 2 ::: Downloaded on - 05-11-2018 02:29:44 ::: CRM-M-46613-2018 -2- therefore, the present petition is allowed. Petitioner is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the court.
(RAJ SHEKHAR ATTRI) JUDGE October 29, 2018 m. sharma Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 05-11-2018 02:29:44 :::