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2014 DIGILAW 383 (PNJ)

Prem Chand v. State of Haryana

2014-02-17

INDERJIT SINGH

body2014
Mr. Inderjit Singh, J.: - This order shall dispose of Criminal Misc.No.M-38187 of 2013, filed by petitioner Prem Chand and Criminal Misc.No.M-40592 of 2013, filed by petitioner Kallu alias Chaturbhuj under Section 439 Cr.P.C., seeking regular bail in case FIR No.175 dated 19.06.2013, registered at Police Station Hodal, District Palwal, under Sections 307, 452, 120-B, 34 IPC and under Section 25 of the Arms Act, 1959. 2. Notice of motion in Criminal Misc.No.M-40592 of 2013. 3. On the asking of the Court, Mr. Subhash Godara, Additional Advocate General, Haryana, accepts notice on behalf of respondent-State of Haryana in Criminal Misc.No.M-40592 of 2013. 4. Learned counsel for the petitioners contended that there is only one fire arm injury on the right thigh of the complainant which is attributed to co-accused Vishnu. It is also contended that no injury has been attributed to petitioner Kallu alias Chaturbhuj. Learned counsel for the petitioners further contended that both the petitioners have not caused any injury. 5. On the other hand, learned State counsel opposed the bail applications. 6. I have heard learned counsel for the petitioners and learned State counsel and have gone through the record. 7. From the record, I find that petitioner Prem Chand is in custody since 24.06.2013 whereas Kallu alias Chaturbhuj is in custody since 23.06.2013. No injury has been attributed to them nor they fired on the complainant. The petitioners are not required for any investigation or interrogation purposes nor anything is to be recovered from them as they are in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioners in custody till the disposal of the case. 8. Therefore, keeping in view the facts and circumstances of the present case and without discussing the facts of the case in minute details and without expressing any opinion on the merit of the case, both the petitions are accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds in the sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Palwal.