Crm-m No. 5145 of 2014(Oandm). Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153941
CourtPunjab and Haryana High Court
Decided OnJul-01-2014
AppellantCrm-m No. 5145 of 2014(Oandm).
RespondentState of Haryana
Excerpt:
crm-m no.5145 of 2014 1 in the high court of punjab and haryana at chandigarh crm-m no.5145 of 2014(o&m).date of decision : 01.07.2014. yogesh @ bablu ...petitioner versus state of haryana ...respondent coram:- hon'ble mr.justice tejinder singh dhindsa. present: mr.r.s.malik, advocate for the petitioner. mr.vikas malik, assistant advocate general, haryana. *** tejinder singh dhindsa, j. (oral) this order shall dispose of the present petition filed under section 439 cr.p.c.seeking the benefit of regular bail to the petitioner in case fir no.238 dated 16.07.2012, under sections 302, 120-b, 34 ipc and section 25/54/59 of arms act, registered at police station sadar, rohtak. contention raised on behalf of the petitioner is that he has been involved in this case on the strength of an extra judicial confession suffered by co-accused deepak. as per such confession, deepak was handed over the fire-arm used in the commission of the offence by the present petitioner and for onward transmission to the main accused i.e.sunil @ chun, who eventually committed the murder. it has gone undisputed that co-accused deepak has kanchan 2014.07.04 10:37 i attest to the accuracy and integrity of this document chandigarh crm-m no.5145 of 2014 2 been granted the benefit of regular bail by this court in the light of order dated 05.05.2014 passed in crm-m no.8886 of 2014. the facts noticed here-in-above are not controverted by the learned state counsel. the petitioner has been in custody since 28.09.2012. learned state counsel has further apprised the court that the trial is still at the initial stage inasmuch as out of 63 prosecution witnesses cited, none has been examined till date. keeping in view the length of incarceration already suffered by the petitioner as also on the ground of parity with co.accused deepak, the petitioner is held entitled to the benefit of regular bail. accordingly, the petition is allowed. bail to the satisfaction of the trial court. disposed of. july 01, 2014. (tejinder singh dhindsa) kanchan judge kanchan 2014.07.04 10:37 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM-M No.5145 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.5145 of 2014(O&M).Date of Decision : 01.07.2014.

Yogesh @ Bablu ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.

Present: Mr.R.S.Malik, Advocate for the petitioner.

Mr.Vikas Malik, Assistant Advocate General, Haryana.

*** Tejinder Singh Dhindsa, J.

(Oral) This order shall dispose of the present petition filed under Section 439 Cr.P.C.seeking the benefit of regular bail to the petitioner in case FIR No.238 dated 16.07.2012, under Sections 302, 120-B, 34 IPC and Section 25/54/59 of Arms Act, registered at Police Station Sadar, Rohtak.

Contention raised on behalf of the petitioner is that he has been involved in this case on the strength of an extra judicial confession suffered by co-accused Deepak.

As per such confession, Deepak was handed over the fire-arm used in the commission of the offence by the present petitioner and for onward transmission to the main accused i.e.Sunil @ Chun, who eventually committed the murder.

It has gone undisputed that co-accused Deepak has Kanchan 2014.07.04 10:37 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.5145 of 2014 2 been granted the benefit of regular bail by this Court in the light of order dated 05.05.2014 passed in CRM-M No.8886 of 2014.

The facts noticed here-in-above are not controverted by the learned State counsel.

The petitioner has been in custody since 28.09.2012.

Learned State counsel has further apprised the Court that the trial is still at the initial stage inasmuch as out of 63 prosecution witnesses cited, none has been examined till date.

Keeping in view the length of incarceration already suffered by the petitioner as also on the ground of parity with Co.accused Deepak, the petitioner is held entitled to the benefit of regular bail.

Accordingly, the petition is allowed.

Bail to the satisfaction of the trial Court.

Disposed of.

July 01, 2014.

(TEJINDER SINGH DHINDSA) kanchan JUDGE Kanchan 2014.07.04 10:37 I attest to the accuracy and integrity of this document Chandigarh