Ajruddin vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner-Ajruddin son of Tahir Hussain, has preferred the instant petition for the grant of regular bail in a case registered against him along with his other co-accused, vide FIR No. 2 dated 03.01.2013, on accusation of having committed the offences punishable under Sections 307, 353, 332, 186, 34 IPC and Section 25 of the Arms Act, by the police of Police Station Hathin, District Palwal, invoking the provisions of Section 439 Cr.P.C. Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.

The prosecution claimed that on 03.01.2013, all the accused fired on the police-party, but the shots did not hit anybody. Neither any specific role, nor other overt-act is attributed to the petitioner Moreover, the petitioner was arrested on 03.01.2013. Since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. As per investigating officer, there is no history of his previous involvement in any other criminal case. Since, even charges have not yet been framed against the accused, so, the conclusion of trial will naturally take a long time. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case during trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only.