Citation : 2024 Latest Caselaw 4795 P&H
Judgement Date : 4 March, 2024
JATIN 2024: PHHC:030589 274 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3910-2024 DATE OF DECISION: 04.03.2024 AKASH coves PETITIONER VERSUS STATE OF HARYANA cocee RESPONDENT CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA. Present: - Mr. Manjeet Saini, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana. HARKESH MANUJA, J (ORAL)
1. By way of petition filed under Section 439 of the Code of Criminal Procedure prayer has been made for grant of concession of regular bail to the petitioner in case FIR No. 241 dated 01.09.2023 registered under Sections 148, 149, 186, 353, 332, 333, 307, 427, 120-B, 202 of IPC and Section 25 of the Arms Acct, at Police Station BPTP, District Faridabad.
2. Learned counsel for the petitioner submits that the petitioner has been implicated on the allegations of having open fired upon the Police party. He further submits that the petitioner has been falsely implicated in
the present case, thus, he prays for grant of concession of regular bail
2024.03.04 18:28
| attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD
JATIN
3. On the other hand, prayer made herein has been strongly opposed at the instance of learned State counsel while referring to the serious nature of allegations levelled against the petitioner, thus, prays for dismissal of the present petition.
4. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.
5. In the present case, investigation already stands concluded with the filing of challan, and the petitioner is already in custody for the last almost 06 months and thus, trial is likely to take some time. Moreover, the petitioner is not involved in any other case, thus, considering the aforesaid facts, I do not find any reason to extend the incarceration of the petitioner any further.
5. Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate.
6. It is made clear that this order may not be construed as an
expression of opinion on merits of the case.
(HARKESH MANUJA) 04.03.2024 JUDGE Jatin
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
2024.03.04 18:28
| attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD
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