Judgment:
CRM No.M-24004 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH237CRM No.M-24004 of 2014 Date of Decision:28.07.2014 Jumma .....Petitioner Versus The State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.B.S.Saroha, Advocate, for the petitioner. Mr.Suvir Sidhu, Deputy Advocate General, Haryana, for the respondent-State. **** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Jumma son of Kallu, has directed the instant petition for the grant of regular bail, in a case registered against him along with his other co-accused, vide FIR No.243 dated 11.07.2013, on accusation of having committed the offences punishable under Sections 148, 149, 323, 325 and 307 IPC, by the police of Police Station Hathin, District Palwal.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.
4. Precisely, the prosecution claimed that the petitioner has given a stick(lathi) blow on the right foot and a kick blow on the neck of Fajru, father of complainant-Vakeel. No other specific role or particular Rani Seema 2014.07.28 17:11 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-24004 of 2014 2 part is attributed to him in the FIR. All the main allegations of causing stick(lathi)blows on the head of Fajru are assigned to main accused Alisher @ Mulla and others(non-petitioners). In that eventuality, whether the penal provision of Section 307 IPC is attracted to the facts of the present case, relatable to the petitioner or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court.
5. Be that as it may, the petitioner was arrested on 21.04.2014. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Even, since charges have not yet been framed against the accused, so, the final conclusion of trial will naturally take a long time.
6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. July 28, 2014 (MEHINDER SINGH SULLAR) seema JUDGE Rani Seema 2014.07.28 17:11 I attest to the accuracy and integrity of this document High Court Chandigarh