IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-29657 of 2008
Date of decision : 13.01.2009
Rajesh S/o Krishan
....Petitioner
V/s
State of Haryana
....Respondent.
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. L.N. Lohan, Advocate for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG Haryana.
RAJAN GUPTA J. (ORAL)
Counsel for the petitioner submits that perusal of the FIR shows
that no attempt to commit dacoity was made by the petitioner. Counsel
further submits that ingredients of the offence under Section 398 IPC are
not made out. According to the counsel, there is no other case in which the
petitioner is an accused.
Counsel for the State on instructions from ASI Banwar Lal,
who is present in the Court, does not dispute the fact that there is no other
case pending against the accused.
The petitioner is in custody since 14.09.2008. Trial may take
some time to conclude.
In the facts and circumstances of the case, the petition is
allowed and the petitioner Rajesh S/o Krishan is directed to be release on
bail, to the satisfaction of Chief Judicial Magistrate, Hisar.
13.01.2009 (RAJAN GUPTA) Ajay JUDGE