Amit vs State Of Haryana
2023 Latest Caselaw 3648 P&H

                        CRM-M-7908-2023                       -1-         2023:PHHC:049195


                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        223
                                                              CRM-M-7908-2023

                                                              Date of Decision: 11.04.2023

                        Amit
                                                                                .... Petitioner

                                                  Versus

                        State of Haryana

                                                                                .... Respondent


                        CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

                        Present: -    Ms. Sharmila Sharma, Advocate for the petitioner.

                                      Mr. Gaurav Bansal, AAG, Haryana.

                        ASHOK KUMAR VERMA, J. (ORAL)

The petitioner has filed the present petition under Section

439 of the Code of Criminal Procedure, 1973 for grant of regular bail in

case FIR No. 248 dated 24.04.2022 registered under Sections 148, 149

and 304 IPC at Police Station Gohana City, Sonepat.

As per prosecution story, the present FIR was registered

upon an application moved by complainant-Om Parkash, to the effect that

his brother-Baru Ram was working as Chowkidar at the petrol pump

M/s Haryana Filling Station at Fawara Chowk, Gohana. On 24.04.2022

at about 10:30 A.M., he had gone to meet his brother at the pump. At

that time, accused Dinesh, Sathish and Parveen R/o of village Bharwar

along with 2-3 other persons came there and a quarrel had arisen in

between them. In the scuffle, they beat Baru Ram with dandas and also

RISHU KATARIA 2023.04.12 10:16 I attest to the accuracy and authenticity of this order/judgment CRM-M-7908-2023 -2- 2023:PHHC:049195

gave fist and leg blows. Dinesh and Satish, hit Baru Ram on his head,

arms and legs with dandas and their accomplices had beaten him with fist

and leg blows, on account of which Baru Ram felt unconscious and the

assailants fled away from the spot. The complainant took his brother to

General Hospital, Gohana, where he succumbed to his injuries.

Learned counsel inter alia, contends, that petitioner has

falsely been implicated in the instant case on the basis of disclosure

statement suffered by his co-accused, which is a very weak type of

evidence. The material witnesses, namely, PW-1 Om Parkash

(complainant) and his son PW-2 Sohan Lal, have already been examined

by the trial Court and both of them have been declared hostile as they

have not supported the prosecution version. The petitioner is in custody

since 26.04.2022. Nothing has to be recovered from him. The trial is

likely to take long time. No useful purpose will be served by further

detention of the petitioner in custody. More so, co-accused of the

petitioner namely, Parveen, had already been granted the concession of

regular bail by this Court vide order dated 01.02.2023 (Annexure P-4).

Thus, treating the case of the petitioner on the same parity as that of his

co-accused, he may also be released on regular bail.

On the other hand, learned State counsel has opposed the

present petition.

Keeping in view the facts and circumstances of the case, the

fact that co-accused of the petitioner, namely; Parveen, had already been

released on bail by this Court vide order dated 01.02.2023

RISHU KATARIA 2023.04.12 10:16 I attest to the accuracy and authenticity of this order/judgment CRM-M-7908-2023 -3- 2023:PHHC:049195

(Annexure P-4) and conclusion of trial may take long time, but without

commenting on merits of the case, I am of the considered view that the

petitioner deserves the concession of regular bail.

Therefore, the petition is allowed and petitioner-Amit, is

ordered to be released on regular bail on furnishing of bail/surety bonds

to the satisfaction of the trial Court/Chief Judicial Magistrate concerned.

                        11.04.2023                                   (ASHOK KUMAR VERMA)
                        rishu                                               JUDGE


                                      Whether speaking/reasoned               Yes/No

                                      Whether Reportable                      Yes/No




RISHU KATARIA
2023.04.12 10:16
I attest to the accuracy and
authenticity of this order/judgment