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2014 DIGILAW 1508 (PNJ)

Surender alias Tuti v. State of Haryana

2014-11-10

INDERJIT SINGH

body2014
JUDGMENT Mr. Inderjit Singh, J.: - The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.397 dated 7.7.2012 registered for the offences under Sections 332, 333, 353, 186, 307, 120-B, 216 and 34 IPC and Section 25 of the Arms Act at Police Station City Jind, District Jind. 2. Notice of motion has been issued in this case. 3. Mr. Rajat Mor, learned Deputy Advocate General, Haryana has put in appearance on behalf of the respondent-State and contested this petition. Police record is also available. 4. I have heard learned counsel for the parties and have gone through the record. 5. From the record, I find that firstly petitioner Surender alias Tuti has not been named in the FIR. He was stated to be not present on the spot. Secondly, no injury is attributed to him. Only allegation as argued by the learned Deputy Advocate General, Haryana is that he supplied the weapon to the co-accused. There is no injury dangerous to life caused to any person from the complainant side. The bail petition of Sumandeep on the similar ground has already been allowed by this Court vide order dated 26.8.2014 passed in Criminal Misc. No.M-22391 of 2014. Therefore, on the ground of parity, the petitioner is also entitled to bail. 6. Otherwise also, the petitioner is in custody since 29.7.2012. He is not required for interrogation or investigation purposes as he is in judicial custody. Nothing is to be recovered from him. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case. 7. Therefore, keeping in view the facts and circumstances of the present case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Court. ---------0.B.S.0------------ —————————