Judgment:
CRM not M-4841 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.
Misc.
not M-4841 of 2013 (O&M) Date of Decision: May 01, 2013.
Javed ..........PETITIONER(s).VERSUS State of Haryana ..........RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE RAM CHAND GUPTA Present: Mr.J.V.Yadav, Advocate for the petitioner.
Mr.Raja Sharma, D.A.G.Haryana.
******* RAM CHAND GUPTA, J.(Oral) This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure in FIR No.221 dated 21.05.2012 registered under Sections 332, 353, 186, 307 of Indian Penal Code and Section 25 of Indian Penal Code, at Police Station Punhana, District Mewat.
I have heard learned counsel for the parties and gone through the record.
It has been argued by learned counsel for the petitioner that CRM not M-4841 of 2013 -2- though as per allegations, he fired upon police party and however, there is no fire-arm injury.
It is further contended that injuries were allegedly received by pelting of stones which were also found to be simple.
Further submitted that petitioner has been continuing in custody since 21.05.2012 and that trial is not likely to be concluded 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 Manphool Singh.
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 the period of incarceration of the petitioner and the facts and circumstances of the case, without expressing any opinion on merits, the instant application for regular bail filed on behalf of petitioner Javed is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Mewat at Nuh.
( RAM CHAND GUPTA ) May 01, 2013.
JUDGE Sachin M.