Harish Kumar vs State of Haryana

Mehinder Singh Sullar, J.—Invoking the provisions of Section 439 Code of Criminal Procedure, Petitioner Harish Kumar son of Mangat Ram, has applied for the grant of regular bail in a case registered against him alongwith his other co-accused, namely Pardeep Kumar and Pawan, vide FIR No. 79 dated 20.8.2010 on accusation of having committed the offences punishable under Sections 148, 323, 324, 326 and 506 read with Section 149 IPC by the police of Police Station Sector 14, Panchkula.

Notice of the petition was issued to the State.

Having heard the learned Counsel for the parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to my mind, the present petition deserves to be accepted in this context.

What is not disputed here is that all the offences alleged against the Petitioner are triable by the Court of Magistrate. As even charges have not been framed against the accused, therefore, the conclusion of trial will naturally take long time. According to the prosecution that the Petitioner caused a knife blow on the right hand of complainant Rajesh Kumar, which is a non-vital part. He was arrested on 23.8.2010 and since then he is in judicial custody. No useful purpose would be served for further detaining him in jail. Moreover, there is no history of previous involvement of the Petitioner in any such case.

Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present Petitioner is entitled to regular bail in the obtaining circumstances of the present case.

In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the Petitioner is directed to be released on bail on his furnishing bail and surety bonds to the satisfaction of trial Court.

The instant petition is disposed of accordingly.