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2018 DIGILAW 2623 (PNJ)

Vijay v. State of Haryana

2018-06-20

AMIT RAWAL

body2018
JUDGMENT Mr. Amit Rawal, J. (Oral) : The petitioners have approached this Court under Section 439 of the Code of Criminal Procedure for regular bail in case FIR No.225 dated 03.03.2008 under Section 346 IPC and Sections 306 and 379-B IPC added later on, registered at Police Station Sadar Karnal, District Karnal, on the basis of the compliant made by Vikas, the brother of the deceased-Pankaj, who allegedly committed suicide by leaving a suicide note. 2. Learned counsel for the petitioners submits that prima facie the signatures on the suicide note compared with form meant for opening of Bank Accounts are not of the same persons. Police has failed to file challan within 90 days to over come the rigour of 167 Cr.P.C., without FSL Report. The petitioners are behind the jail since 17.03.2018. There was a quarrel between the complainant and the petitioners during holy, thus, unnecessarily have been dragged into for wrecking personal revenge. Learned State Counsel on instructions from ASI Paramjit Singh does not dispute the filing of the challan without the FSL Report, but submits that it is a grievous offence, therefore, concession of regular bail to the petitioners cannot be granted. 3. I have heard learned counsel for the parties and appraised the paper book. Without commenting upon the merit and demerit of the matter, I deem it appropriate to grant the concession of regular bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of CJM/Duty Magistrate, Karnal. 4. Criminal Petition stands allowed.