Crl. Misc No. M-26937 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-26937 of 2009
Date of decision : 17.12.2009
Sandeep
....Petitioner
V/s
State of Haryana
....Respondent
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Rakesh Nehra, Advocate
for the petitioner.
Mr. Gaurav Dhir, AAG Haryana.
RAJAN GUPTA J. (ORAL)
This is a petition filed under Section 439 of the Code of
Criminal Procedure seeking regular bail to the petitioner in a case registered
vide FIR No. 5 dated 06.01.2009 under Sections 307/353/186/34 IPC & 25
of the Arms Act at Police Station Sadar, Panipat.
Learned counsel for the petitioner has contended that in the
alleged occurrence, no police official was injured. Learned counsel submits
that petitioner has been in custody since 06.01.2009 and some prosecution
witnesses have already been deposed before the trial court. He further
submits that petitioner deserves to be enlarged on bail as trial is likely to
take quite some time to conclude.
Learned counsel for the State has opposed the prayer for grant
of bail on the ground that allegations against the petitioner are serious in
nature. He, however does not dispute the fact that 4 prosecution witnesses
Crl. Misc No. M-26937 of 2009 2
have already been deposed before the trial court and trial may still take
some time to conclude.
Without expressing any opinion on the merits of the case at this
stage and taking into consideration the period of detention already suffered
by him and the fact that trial may take some time to conclude, I deem it
appropriate to grant regular bail to the petitioner. Accordingly the petition
is allowed and he is ordered to be enlarged on bail to the satisfaction of
Chief Judicial Magistrate/Duty Magistrate Panipat.
17.12.2009 (RAJAN GUPTA) Ajay JUDGE