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Punjab-Haryana High Court

Ashish Kumar @ Lathi vs State Of Haryana on 21 July, 2020

Author: G.S. Sandhawalia

Bench: G.S. Sandhawalia

                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                AT CHANDIGARH

      209                                    CRM-M-16761-2020
                                             Decided on : 21.07.2020


      Ashish Kumar @ Lathi                                         ... Petitioner
                                            Versus
      State of Haryana
                                                                 ... Respondent

      CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA

      Present:     Mr.Anoop Kumar Yadav, Advocate, for the petitioner.

                   Mr.Amit Aggarwal, DAG, Haryana.

                   Mr.Vikram Bishnoi, Advocate, for the complainant.

                   (The proceedings are being conducted through video conferencing,
                   as per instructions.)

      G.S. Sandhawalia, J. (Oral)

Present petition has been filed under Section 439 Cr.P.C., praying for regular bail in FIR No.736 dated 12.12.2019, lodged under Sections 323, 325, 394, 398, 427, 506, 34 IPC and Sections 25, 54, 59 of Arms Act, 1959, at Police Station City Narnaul, District Mohindergarh.

In the FIR lodged by Sher Singh, the allegations were that 4 persons were giving beating to Narenderpal Singh and Amritpal and were having country-made pistal and a iron pipes. When the complainant called Ranbir Singh and Balbir Singh, the accused also manhandled the complainant and the said persons. It is further alleged that the accused had come to rob the cash which were lying with the servant quartes of the ANE industries. One of the accused was identified as Manoj Kumar whose father's name was also mentioned. The said accused had run away in their vehicle while breaking the glass of another vehicle and threatening to kill. One empty magzine of a pistol was also stated to be left behind, as per the FIR.

For Subsequent orders see CRM-17989-2020 Decided by HON'BLE MR. JUSTICE GURMEET SINGH SANDHAWALIA 1 of 2 ::: Downloaded on - 27-09-2020 19:33:04 ::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 209 CRM-M-16761-2020 -2- Counsel for the petitioner states that the petitioner has been in custody since 13.12.2019 and was arrested on the statement of Majoj and it is, thus, submitted that he has not been named in the FIR. He further submits that the case is now fixed for framing of charge for 04.09.2020. Similarly situated persons namely, Bijender @ Tawar has been granted the benefit of bail in CRM-M-12277-2020 by the Co-ordinate Bench today itself, on the same ground.

Accordingly, keeping in view the fact that the petitioner was not especially named and his custody is of over 7 months and as stated by the State Counsel that there is no other case of similar nature, the present petition is allowed. The petitioner is granted bail, on his furnishing bail bonds/surety bonds, to the satisfaction of the Illaqa/Duty Magistrate, Narnaul.




                                                     (G.S. SANDHAWALIA)
      JULY 21, 2020                                          JUDGE
      sailesh

                  Whether speaking/reasoned:                      Yes/No

                  Whether Reportable:                             Yes/No




For Subsequent orders see CRM-17989-2020 Decided by HON'BLE MR. JUSTICE GURMEET SINGH SANDHAWALIA 2 of 2 ::: Downloaded on - 27-09-2020 19:33:04 :::