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JUNAID SON OF ISHAB versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Junaid son of Ishab v. State of Haryana - CRM-29842-m-2006 [2006] RD-P&H 3453 (25 May 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.Misc.No.29842-M of 2006

Date of decision : 6.7.2006

Junaid son of Ishab .....Petitioner

VERSUS

State of Haryana ......Respondent

CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
Present : Mr.A.P.S.Deol, Advocate, for the petitioner.

Mr.J.S. Toor, Addl.A.G. Haryana.

ORDER :

Prayer in this petition is for grant of regular bail in case FIR No.70 dated 14.2.2006, registered under Sections 307/353/186/427 of the Indian Penal Code, Sections 4/8, 15/56 of C.S. Act and Sections 25/54/59 of the Arms Act, at Police Station Sadar, Ballabgarh.

As per allegations in the FIR, the petitioner was allegedly transporting cows in a Maxi Cab vehicle. The police received prior information and parked their jeep in the middle of the road. The petitioner and his co-accused did not stop and instead rammed their vehicle into the police jeep and thereafter ran away. When the police gave chase, a gun shot was fired at the police party.

Counsel for the petitioner states that the police jeep was parked in the middle of the road. A simple accident occurred but the police concocted this story. It is further argued that no injury was suffered by any member of the police party. The allegation regarding the gun shot is false.

Counsel for the respondent on the other hand contends that as the petitioner attempted to run over the police party and fired a gun shot, the present petition be dismissed.

I have heard learned counsel for the parties and perused the paper book.

The petitioner has been behind bars since 17.2.2006. The investigation is complete, the report under Section 173 of the Cr.P.C. has been filed, charges have been framed and the matter is now fixed for evidence. The merits of the present controversy would obviously be adjudicated by the trial Court. No injury was suffered by any member of the police party.

Counsel for the respondent has not expressed any apprehension that if released on bail, the petitioner would in any manner subvert the trial and/or try to win over the witnesses.

Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Faridabad.

Nothing stated herein shall be construed to be an expression of opinion on the merits of the case.

6.7.2006 ( RAJIVE BHALLA )

GS JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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