Full Judgment
CRM not M-37337 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.
Misc.
not M- 37337 of 2012(O&M) Date of Decision: January 16, 2013.
Devinder Singh .....PETITIONER(s) Versus State of Haryana .....RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.M.S.Ahluwalia, Advocate, for the petitioner.
Mr.Shekhar Mudgal, AAG, Haryana Mr.Dinesh Ghai, Advocate, for the complainant.
***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR No.192 dated 13.06.2012, under Sections 406/420/120B IPC, registered at police station Sadar Gurgaon, District Gurgaon.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Gurgaon dismissing bail application filed on CRM not M-37337 o”
2. behalf of the petitioner.
It has been contended by learned counsel for petitioner-accused that he has been continuing in custody since 13.07.2012 and that investigation already completed and challan filed and however, the case, which is triable by Magistrate, is not likely to be decided in near future as no witness has been examined so far.
This factual position has not been disputed by learned counsel for the State, on instruction from ASI Ravinder Kumar.
However, bail application is opposed by learned counsel for complainant merely on the ground that petitioner is also involved in another case.
However, he is on bail in that case as well.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Devinder is allowed.
Bail to the satisfaction of learned trial Court/Duty Magistrate at Gurgaon.
( RAM CHAND GUPTA ) January 16, 2013.
JUDGE ‘om’