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2018 DIGILAW 104 (PNJ)

Vicky v. State of Haryana

2018-01-11

ARVIND SINGH SANGWAN

body2018
JUDGMENT Mr. Arvind Singh Sangwan, J.: (Oral) - The petitioner prays for grant of regular bail under Section439 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) in FIRNo.1041 dated 05.11.2017, for offence punishable under Sections 186,323, 332, 341, 353, 379-B, 427 read with Section 34 of the Indian PenalCode (in short ‘IPC’) registered at Police Station Chandi Bagh, Panipat. 2. Counsel for the petitioner has submitted that, in fact, it wasa case of road-rage and the FIR was got registered at the instance of alocal MLA. It is further submitted that nothing has been recovered fromthe petitioner. It is also submitted by counsel for the petitioner thatinvestigation has been completed and challan has also been presentedbefore the trial Court. 3. It is further argued that the petitioner is working as anAccountant in a private firm, he is not involved in any other case andconclusion of the trial will take long time. It is further submitted thatone of the co-accused namely Mohit has already been granted theconcession of interim anticipatory bail by this Court vide order dated14.12.2017 passed in CRM-M No.47696 of 2017. 4. Counsel for the State, on instructions from Sub-InspectorSuresh Kumar, has not disputed the factual position, however, hasopposed the bail on the ground that the petitioner was apprehended atthe spot. 5. Without commenting anything on merits of the case and considering the fact that the petitioner is not involved in any other case; the investigation is complete and challan has already been presented before the trial Court; conclusion of the trial will take long time, thepresent petition is allowed and the petitioner is ordered to be releasedon bail on his furnishing bail/surety bonds to the satisfaction of the trialCourt/Illaqa Magistrate/Duty Magistrate. However, it will be open forthe prosecution to apply for cancellation of bail, if the petitioner isfound involved misusing the concession of bail, in any manner.