Sandeep vs State Of Haryana
2023 Latest Caselaw 9412 P&H

RAJ KUMAR
2023.07.05 17:14

2023:PHHC:084391

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
211
CRM-M _No.21056 of 2021
DATE OF DECISION : 5 JULY, 2023
Sandeep
.... Petitioner
Versus
State of Haryana
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
KRESS

Present: | Mr. Sandeep Gehlawat, Advocate and
Ms. Amandeep Kaur, Advocate for the petitioner.

Mr. Krishan K. Chahal, Addl. AG Haryana.

3K OK OK 2
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 439 Cr.P.C for grant of bail pending trial in case FIR No.195 dated 10.07.2020 registered under Sections 148, 149, 323, 427, 452 & 302 IPC at Police Station Israna, District Panipat.

2. The custody certificate filed by the learned counsel for the State, is taken on record.

3. It is contended by counsel for the petitioner that the case against the petitioner is totally concocted. The petitioner had never participated in the alleged crime. Even as per story of the prosecution the allegation against the petitioner is that he was present as a member of unlawful assembly at the time of commission of murder by the other co- accused. No injury is specifically attributed as having been caused by the petitioner to either the deceased or to any other witness. The petitioner is

in custody since 31.07.2020. The investigation of the case is complete

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CRM-M_No.21056 of 2021 2023 :PHHC:084391

and the evidence is going on. The petitioner is not involved in any other case. Hence, the petitioner deserves to be released on bail pending trial.

4. On the other hand, counsel for the State being assisted by counsel for the complainant and on instructions from ASI Devender Kumar, has submitted that the petitioner is involved in a heneous crime. The rod has already been recovered from him. In any case, he was the member of unlawful assembly in which one young boy was killed by the co-accused. However it is not disputed that there is no specific injury attributed to the petitioner having been caused to either any witness or to the deceased. It is also not disputed that the petitioner is in custody since 31.07.2020 and that there is no other case against the petitioner.

5. In view of the above, but without commenting upon merits of the case, the present petition is allowed. It is ordered that the petitioner be released on bail on his furnishing bail bonds/sureties to the

satisfaction of the trial Court/Duty Magistrate.

5 JULY, 2023 (RAJBIR SEHRAWAT) 'Taj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

RAJ KUMAR

2023.07.05 17:14

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