Surajmal @ Khinnu vs State of Haryana

Inderjit Singh, J.

CRM-32689-2018

Allowed as prayed for, subject to all just exceptions.

CRM-M-40633-2018

Petitioner has filed this second petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.230 dated

10.04.2017, registered at Police Station Samalkha, District Panipat, under Sections 120-B, 34, 342, 379, 384 and 420 of the Indian Penal Code

(however in challan Section 201 of the Indian Penal code has also been added).

Notice of motion has been issued. Learned State counsel has appeared and contested the instant petition.

I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.

From the record, I find that as per the prosecution version, the accused persons snatched two mobile phones, one purse containing two ATM Cards,

driving licence and Rs.500/- from the complainant under threat besides taking away Rs.8000/- lying in backside pocket of his pent. Later on, the

accused also demanded a rasom, which was not paid.

As per learned State counsel, Rs.7500/- were withdrawn through ATM Card of the complainant.

In the present case, the complainant has already been examined. The petitioner has been in custody since 06.09.2017. He is not required for any

investigation or interrogation purposes as he is in judicial custody. The trial of case may take a long time. No useful purpose will be served by keeping

the petitioner in custody till the final disposal of the case.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on

the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing

personal bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.-