Single Judge allowed regular bail to the petitioner under Section 439 Cr.P.C. in a murder and arms protection case, ordering release on bond with one surety.
Petitioner ordered to be released on bail on furnishing personal/surety bonds in the sum of `50,000/- with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-204 of 2017 (O&M) Date of Decision: April 19, 2017
Amit
...Petitioner
VERSUS
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.R.N.Kush, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.405 dated 07.11.2015 under Sections 307, 323, 302, 34 IPC and Section 25, 27, and 30 of the Arms Act, registered at Police Station Sadar Hansi, District Hisar.
Notice of motion.
Mr.B.S.Virk, Deputy Advocate General, Haryana, has put in appearance on behalf of the respondent-State and contested the petition.
I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.
From the record, I find that as per FIR, the present petitioner has not given any injury to the deceased. He has given simple injury to one Surinder. It is brought to my notice that during trial, witness Surinder has Vineet Gulati 2017.04.20 14:24 I attest to the accuracy andnot been examined and has been given up by the prosecution. Furthermore, authenticity of this document Chandigarh
CRM No.M-204 of 2017 -2-
the injury is stated to be caused by jelly by present petitioner Amit Kumar but as per the medical record, injury is abrasion and caused by blunt weapon.
The present petitioner has been in custody since December 2015. He is not required for any investigation or interrogation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till disposal of the case.
Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.
April 19, 2017 (INDERJIT SINGH) Vgulati JUDGE
Whether speaking/reasoned Yes Whether reportable No
Vineet Gulati 2017.04.20 14:24 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the present circumstances.
1 provisions across 1 enactments
Amit Kumar
State of Haryana
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
