Allowed

Arshad @ Bugga v. State of Haryana

Punjab & Haryana HC10 Feb 2012CRM-M/37648/2011

Case brief

AI extract

What is this about?

Single judge bail petition where petitioner was arrested for offences under IPC and Arms Act. Court granted regular bail citing parity with co-accused released on bail and lack of continuing necessity for custody.

What did the court decide?

Petitioner ordered released on regular bail on furnishing adequate bail bond and surety bond to satisfaction of Chief Judicial Magistrate, Nuh.

Arshad @ Bugga Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2012)

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Criminal Misc.No.M-37648 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc.No.M-37648 of 2011

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Date of Decision:10.02.2012

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Arshad @ Bugga ......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: Ms.Monisha Lamba, Advocate, for the petitioner.

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Mr.Manish Deswal, Assistant Advocate General, Haryana, for the respondent-State.

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MEHINDER SINGH SULLAR, J.(oral)

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Petitioner-Arshad @ Bugga, has directed the present petition for regular bail in a case registered against him along with his other co-accused, namely, Sahid @ Shanti, Wahid, Mubeen, Aslam, Sulekhan, Juber, Ilias etc., vide FIR No.421 dated 07.12.2009, on accusation of having committed the offence punishable under Sections 148, 149, 323, 325, 427, 452, 212 and 307 IPC and Section 25 of the Arms Act, by the police of Police Station Punhana, District Mewat, 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 hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration of the entire matter, to my mind, the petitioner is entitled to regular bail in this context.

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What is not disputed here is that, according to the prosecution version, all the accused including the petitioner reached at the spot, fired shot and pallets hit the injured PWs. There are general allegations and no other overt-act or

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Criminal Misc.No.M-37648 of 2011

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specific injury is attributed to the petitioner. Whether the provisions of the indicated offences are attracted or not, would be a moot point to be decided during the course of trial by the trial Court. It is not a matter of dispute that Aslam, Sulekhan, Juber and Ilias, co-accused of the petitioner, have already been granted bail by the courts, to whom similar roles were assigned by the prosecution. So, I see no reason not to extend the same benefit of the concession of regular bail to the present petitioner under the similar set of circumstances, on the basis of principle of parity. Moreover, the petitioner was arrested on 30.06.2011 and since then he is in judicial custody. He is no longer required for any purpose. The conclusion of trial would naturally take a long time.

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Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petition for regular bail deserves to be accepted in the obtaining circumstances of the case.

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In the light of aforesaid reasons, the instant petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing adequate bail bond and surety bond to the satisfaction of the Chief Judicial Magistrate, Nuh at Mewat.

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February 10, 2012 ( M EHINDER S INGH S ULLAR) seema JUDGE

Arshad @ Bugga v. State of Haryana

Case brief

What is this about?

What did the court decide?

Arshad @ Bugga v. State of Haryana

Case brief

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