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2018 DIGILAW 4198 (PNJ)

Chamkaur Singh v. State Of Haryana

2018-10-26

RAJ SHEKHAR ATTRI

body2018
JUDGMENT Raj Shekhar Attri, J. (Oral) - The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to petitioner-Chamkaur Singh, in case FIR No.343 dated 26.08.2017 registered for the offences punishable under Sections 147, 148, 149, 186, 188, 307, 332, 333, 353, 120B, 121, 121A, 124A, 177, 435 of the Indian Penal Code (offences under Sections 121, 121A, 124A IPC were deleted while framing of charge) and Section 25 of Arms Act, 1959 at Police Station Sector 5, Panchkula. 2. It is a case of the prosecution that violence occurred on 25th August, 2017 in Panchkula by the followers of Baba Gurmeet Ram Rahim of Dera Sachha Sauda, Sirsa. There was loss of huge property and security was also dropped by the mob. 3. No specific role has been attributed to the petitioner and only allegation against him is that he was a member of the core committee for violence by the Dera Sachha Sauda, Sirsa. 4. It has also been argued on behalf of the State that seven more cases regarding the same incident dated 25th August, 2017 has been registered against the petitioner. He is in custody since 19th September, 2017. Trial is in progress. 5. Without expressing any opinion on merits of the case and the fact that conclusion of trial will take considerably long time, no useful purpose would be served by detaining the petitioner behind the bars, therefore, the present petition is allowed. Petitioner is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C. (b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the court.