High CourtsSingle Bench

Neeraj vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 July 2020 · Citation: (2020) 07 P&H CK 0063

HON’BLE JUDGES
Harnaresh Singh Gill, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439, 482 · Indian Penal Code, 1860 — Section 34, 307, 341 · Arms Act, 1959 — Section 25, 27
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 16655 Of 2020 (O&M)
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Judgment

22 paragraphs · 335 words

Harnaresh Singh Gill, J

Case is being taken up for hearing through video conferencing.

CRM-14459-2020

This is an application under Section 482 Cr.P.C. for exemption from filing certified copy of FIR No. 249 dated 04.06.2020 under Sections 307, 341, 34

IPC, 1860 and Sections 25 and 27 of Arms Act, 1959, at Police Station City Gohana, District Sonepat.

The application stands allowed subject to all just exceptions.

CRM-M-16655-2020

The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.249 dated 04.06.2020 registered under Sections

307, 341, 34 IPC, 1860 and Sections 25 and 27 of Arms Act, 1959, at Police Station City Gohana, District Sonepat.

Learned counsel for the petitioner states that the petitioner is the driver of the ambulance and the occurrence took place on 03.04.2020 whereas FIR

was recorded on 04.06.2020. The allegations against the petitioner in the present case are that on his instructions, co-accused Davender Dagar fired

at the complainant, at which the complainant ran away from the spot. Learned counsel further states that this is no injury case and the pistol along

with its license has been recovered from co-accused Davender Dagar. The petitioner is in custody since 04.06.2020.

Notice of motion.

Mr. Sukhdeep Singh Parmar, DAG, Haryana accepts notice on behalf of respondent-State.

On instructions from ASI Navneet, learned State counsel has not disputed the fact that this is no injury case. He also states that challan was presented

on 05.07.2020.

I have heard the learned counsel for the parties.

The petitioner is in custody since 04.06.2020. Trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping

the petitioner behind the bars.

In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the

petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.