Shree Pal @ Dholu vs State Of Haryana

Tejinder Singh Dhindsa, J

CRM-13997-2020

This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

Prayer in the application is for preponement of the date of hearing in the main petition. Advance copy of the application already stood served upon State of Haryana.

In view of the averments made in the application and by recording a no objection from learned State counsel Mr. Saurabh Mohunta DAG Haryana, the date in the main petition is preponed from 10.07.2020 and the same is taken up for hearing today itself.

Application disposed of.

MAIN CASE

Petitioner seeks regular bail pending trial in case FIR No.141 dated 27.10.2019 under Sections 323, 506 and 34 IPC and under Section 307 IPC added later on registered at Police Station Bond Kalan, District Charkhi Dadri.

Counsel for the parties have been heard.

Learned State counsel submits that even though date in the main petition has been preponed and is being taken up today, his instructions are complete.

FIR has been registered in relation to an alleged occurrence that took place on 24.10.2019. Complainant in the present case is Sompal. The complainant as also one Ishwar are stated to have suffered injuries.

It has gone uncontroverted that injury sustained by injured Ishwar and which has been opined to be dangerous to life and thereby attracting offence under Section 307 IPC is attributed to Raj Kumar (non-applicant).

Insofar as the present petitioner is concerned, he was alleged to be armed with a spade and has inflected a blow on the head of the complainant Sompal and which injury has been opined to be simple in nature.

Petitioner was arrested on 29.01.2020. He has suffered incarceration of almost 5 months.

Investigation qua the petitioner is complete and the challan already stands presented. Learned State counsel informs the Court that 16 prosecution witnesses have been cited and out of which none has been examined till date.

The trial as such would take time to conclude.

Petitioner is a senior citizen aged 68 years.

In view of the above and without making any observations on merits, prayer is allowed.

Petitioner namely Shree Pal @ Dholu be enlarged on bail subject to his furnishing bail/surety bonds to the satisfaction of Trial Court/Duty

Magistrate, Charkhi Dadri.

Disposed of.