Allowed

Anoop v. State of Haryana

Punjab & Haryana HC12 Jul 2012CRM-M/17434/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted regular bail to the petitioner, who was an additional accused summoned under Section 319 Cr.P.C. and held innocent of the main offense by the ACP. The court emphasized that the main accused fired the weapon and noted the protracted nature of the trial.

What did the court decide?

Petitioner released on regular bail upon furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

Anoop Vs State of Haryana — Murder and Culpable Homicide | Punjab & Haryana HC (2012)

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Criminal Misc.No.M-17434 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc.No.M-17434 of 2012(O&M)

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Date of Decision:12.07.2012

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Anoop ......Petitioner

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Versus

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State of Haryana .....Respondent

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CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.

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Present: Nemo for the petitioner.

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Mr.Sandeep Kumar, ADA, office of P.C.C.F., Haryana, Panchkula, for the respondent-State.

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MEHINDER SINGH SULLAR, J.(oral)

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Record perused.

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Petitioner-Anoop son of Rohtas, has directed the present petition for regular bail in a case registered against him along with his other main co-accused, namely, Durgesh and Bharti, by virtue of FIR No.126 dated 27.05.2011, on accusation of having committed the offences punishable under Sections 302, 323 307, 452, 506 and 34 IPC read with Section 25/27 of the Arms Act, by the police of Police Station Sector 40, Gurgaon, invoking the provisions of Section 439 Cr.P.C.

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Notice of the petition was issued to the State.

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After perusing the record and hearing the learned State Counsel/ investigating officer and after considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this context.

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According to the prosecution, Durgesh, main co-accused of the petitioner, fired the shot, which hit Satish Kumar. The prosecution claimed that the petitioner-Anoop has only caught hold of him. No other overt-act is attributed to

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Criminal Misc.No.M-17434 of 2012

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him. It is not a matter of dispute that the petitioner was earlier arrested in the present case and during the course of investigation, he was found innocent by the ACP of the police, Faridabad. Subsequently, in the wake of application under Section 319 Cr.P.C., the petitioner was summoned as an additional accused and was sent to the jail on 24.05.2012. Since then, he is in judicial custody. He is no longer required to be detained in jail for any other purpose. As, the petitioner was summoned under Section 319 Cr.P.C., therefore, the conclusion of main trial would naturally take a long time.

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In the light of aforesaid reasons, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court.

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Needless to mention that, nothing recorded hereinabove would reflect, in any manner, on merits during the course of trial of the main case, as the same has been so observed for a limited purpose of deciding the present petition only.

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July 12, 2012 seema

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( M EHINDER S INGH S ULLAR) JUDGE

Anoop v. State of Haryana

Case brief

What is this about?

What did the court decide?

Anoop v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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