CRM-M-4266 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-4266 of 2014 Date of Decision: 17.02.2014 Amit ..Petitioner Versus State of Haryana ..Respondent CORAM: HON’BLE Mr.JUSTICE MAHAVIR S.
CHAUHAN Present: Mr.Nipun Vashist, Advocate, for the petitioner.
Mr.Rajat Mor, Deputy Advocate General, Haryana, for the respondent-State.
MAHAVIR S.
CHAUHAN, J.
(ORAL) By way of this petition, under Section 439 of the Code of Criminal Procedure, petitioner seeks release on bail pending trial in FIR No.272 dated 20.07.2013 recorded at Police Station Badshahpur, District Gurgaon, under Sections 392, 34 and 412 of the Indian Penal Code.
Notice of motion.
On the asking of this Court, Mr.Rajat Mor, Deputy Advocate General, Haryana, accepts notice on behalf of the respondent-State.
As agreed by both the learned counsel, the petition is taken on board for final disposal.
Heard.
As per case of the prosecution, the present petitioner, along with his co-accused Naval and Dushyant, had snatched one ETIOS car bearing Virendra singh adhikari 2014.02.18 15:48 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-4266 of 2014 -2- No.UP-14-DT-5753 from complainant-Naresh Kumar after putting a country made pistol on his tample.
That car, according to the case of the prosecution, was recovered from accused Sunil Kumar, non-applicant.
Incidently, said accused Sunil Kumar had been granted bail by the court of learned Additional Sessions Judge, Gurgaon, vide order dated 07.08.2013.
It is admitted on behalf of the respondent-State that the alleged pistol recovered from the custody of the present petitioner is found to be a toy pistol.
As aforesaid car has been recovered from the custody of non-applicant, Sunil Kumar, no recovery is to be made from the present petitioner, who is in custody since 20.07.2013.
In the circumstances, further detention of the petitioner is found to be unwarranted.
The petition, therefore, succeeds and is allowed.
The petitioner-Amit son of Bahadur Singh, resident of Village Kosli, District Rewari, is ordered to be released on bail subject to his furnishing personal/surety bonds to the satisfaction of the learned trial Court.
(MAHAVIR S.
CHAUHAN) JUDGE1702.2014 adhikari Virendra singh adhikari 2014.02.18 15:48 I attest to the accuracy and integrity of this document High Court Chandigarh