Judgment:
Crl.
Misc.
No.M-2894 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.
Misc.
No.M-2894 of 2014 Date of Decision:-07.03.2014 Ramesh Kumar and another ...Petitioners Versus State of Haryana ...Respondent CORAM: HON'BLE Mr.JUSTICE T.P.S.MANN Present:- Mr.U.K.Agnihotri, Advocate for the petitioneRs.Mr.Anupam Sharma, Assistant A.G., Haryana.
Mr.Sanjeev Sharma, Advocate for the complainant.
T.P.S.MANN J.(Oral) Prayer made in the petition is for grant of regular bail to the petitioners in a case arising out of FIR No.26 dated 24.2.2013, under Sections 148, 149, 323, 325, 302, 34 IPC, registered at Police Station Lakhan Majra, District Rohtak.
Learned counsel for the petitioners submits that the complainant while making statement before the police, on the basis of which, the aforementioned FIR was registered, stated that it was Vinod, who had caused one and the only blow, received by Upender, since deceased.
Further, the occurrence had taken place on 23.2.2013, whereas Upender scummbed to the only injury on 26.2.2013.
It is also submitted that the petitioners are attributed causing of injuries to the injured persons Asija Vijay 2014.03.10 15:37 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl.
Misc.
No.M-2894 of 2014 -2- and not to the deceased.
As the petitioners are in custody since 24.2.2013 and the trial of the case is likely to take a long time, the petitioners be released on bail.
The aforementioned factual position is not disputed by the State counsel.
However, he has submitted that the petitioners were members of the unlawful assembly and had opened the attack and caused injuries to Upender, since deceased, Bharat Singh, Kalawati, Deepak and Sunita.
Without commenting upon the merits lest it may prejudice the case of either party, this Court is of the considered view that the petitioners deserve the concession of bail.
Resultantly, the petition is allowed.
Both the petitioners be released on bail on their furnishing appropriate bail bonds to the satisfaction of the Chief Judicial Magistrate, Rohtak.
March 07, 2014 ( T.P.S.MANN ) Vijay Asija JUDGE Asija Vijay 2014.03.10 15:37 I attest to the accuracy and integrity of this document High Court,Chandigarh