IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-6583 of 2009
Date of decision : 19.05.2009
Mahipal
....Petitioner
V/s
State of Haryana
....Respondent.
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Raj Kapoor Malik, Advocate
for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG Haryana.
RAJAN GUPTA J. (ORAL)
Pursuant to order dated 24.04.2009, passed by this Court an
affidavit of Rakesh Kumar, IPS, Deputy Commissioner of Police, West,
Gurgaon has been submitted in the Court today and the same is taken on
record. It has been mentioned therein that some words in the FIR have been
left unwritten. The lapse when came to the notice of Assistant Clerk of the
MHC of the police station, the same were included in the FIR. Learned
counsel for the State has submitted that departmental enquiry in this regard
has been ordered against three erring police officials. He has referred to
affidavit filed today in this regard.
In view of the affidavit filed today, no further orders are called
for as regards query of the Court.
As regards prayer for regular bail, learned counsel for the
petitioner submits that petitioner is in custody since 27.10.2008 and the case
is triable by the Magistrate. Counsel further submits that only allegation
against the petitioner is regarding snatching of mobile.
Crl. Misc No. M-6583 of 2009 -2-
Learned counsel for the State has, however, rebutted this
contention of the petitioner and submits that allegations against the
petitioner is of snatching mobile as well as Motor-cycle
Keeping in view the period of detention already suffered by the
petitioner and the fact that trial will take some time to conclude, I am of the
considered view that petitioner deserves to be enlarged on bail.
Accordingly, the petition is allowed and the petitioner is ordered to be
released on bail to the satisfaction of Chief Judicial Magistrate, Gurgaon.
19.05.2009 (RAJAN GUPTA) Ajay JUDGE