IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-14673 of 2009
Date of decision : 10.07.2009
Ashok Kumar and another
....Petitioners
V/s
State of Haryana
....Respondent
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Ms. Meenakshi Dogra, Advocate
for the petitioners.
Mr. Tarun Aggarwal, Sr. DAG Haryana.
RAJAN GUPTA J. (ORAL)
This is a petition for grant of regular bail to the petitioners in a
case registered against the petitioners under Sections 323, 324, 506/34 IPC
at police station Tauru, Nah (Mewat) vide FIR No. 155 of 2005.
Learned counsel for the petitioners submits that the petitioners
are in custody since 23.01.2009 and the trial is at the stage of recording the
evidence. According to the counsel, the petitioners shall not try to abscond
during the pendency of the trial.
Learned counsel for the State submits that heavy surety be
imposed on the petitioners in order to ensure that they do not default in
appearance on any date in future before the trial court.
Keeping in view that fact that petitioners have already
undergone incarceration for almost six months and the case is triable by the
Magistrate, no useful purpose would be served by detaining the petitioners
in custody during the pendency of the trial. Without expressing any opinion
on the merits of the case, I deem it appropriate to grant regular bail to the
Crl. Misc No. M-14673 of 2009 -2-
petitioners. Accordingly, the petition is allowed and they are ordered to be
enlarged on bail to the satisfaction of Chief Judicial Magistrate, Mewat.
This, however, will be subject to heavy surety as deemed fit by the Court
below.
10.07.2009 (RAJAN GUPTA) Ajay JUDGE