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2018 DIGILAW 62 (PNJ)

Moni v. State of Haryana

2018-01-09

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.222 dated 18.03.2017, for offence punishable under Sections 148,149, 323, 307 of the Indian Penal Code (in short ‘IPC’), 25/54/59 of theArms Act and 13(2) of the Gauvansh Sanrakshan and GausavardhanAct, 2015, registered at Police Station Model Town, Panipat. 2. Counsel for the petitioner has submitted that the petitioneris in judicial custody since 04.04.2017, the challan has been presentedand the petitioner is no more required for any further investigation. It isfurther submitted that the petitioner is the first offender and is notinvolved in any other case and conclusion of the trial will take longtime. 3. Counsel for the State, on instructions from ASI DavinderKumar, has not disputed the factual position that the petitioner is notinvolved in any other case. 4. Without commenting upon anything on merits of the caseand considering the fact that the petitioner is in judicial custody since04.04.2017; challan has been presented and the prosecution evidence isyet to start; conclusion of the trial will take long time, the present petition is allowed and the petitioner is ordered to be released on bailsubject to his furnishing bail/surety bonds to the satisfaction of the trialCourt/Illaqa Magistrate. However, it will be open for the prosecution toapply for cancellation of bail, if the petitioner is found involvedmisusing the concession of bail, in any manner.