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Pardeep and Another vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 16 December 2010 · Citation: (2010) 12 P&H CK 0618

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Arms Act, 1959 — Section 25 · Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 120(B), 148, 149, 307, 450
RESULT
Allowed
CASE NUMBER
Criminal M. No. 35489-M of 2010
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Judgment

6 paragraphs · 244 words

Jaswant Singh, J.—Prayer u/s 439 Cr.P.C is for grant of regular bail in case FIR No. 120 dated 15.6.2010 under Sections 148/149/307/450/120B IPC and Sections 25/54/59 of the Arms Act, P.S City Dadri District Bhiwani.

2.

As per allegations in the FIR, Petitioners Pardeep and Manoj are alleged to have accompanied co-accused Nini @ Varinder also armed with revolver and two other co-accused also armed with revolvers went to the house of the complainant at night and fired gun shots on account of a grudge carried by main accused Nini @ Varinder for his mother having lost Municipal Council Elections because of the contest of the same by complainant-Suresh Kumar.

3.

Learned Counsel submits that the Petitioners are in custody since 17.6.2010. Main accused-Nini has already been released on bail. It is further submitted that investigations are over and challan has already been presented.

4.

Learned state counsel, on instructions from SI Des Raj, concedes that main accused Ninni has been enlarged on bail and that investigations are over in this case.

5.

Without commenting upon merit of the case and taking into account the custody period and the fact that the trial is likely to take sufficient time to conclude, I find that no useful purpose would be served by keeping the Petitioner in custody any longer.

6.

Accordingly, petition is allowed and the Petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Bhiwani.