High CourtsSingle Bench(2021) 03 P&H CK 0177

Sunil Maan vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 8 March 2021

HON’BLE JUDGES
Harnaresh Singh Gill, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 43778 Of 2020 (O & M)

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Judgment

10 paragraphs · 302 words

Harnaresh Singh Gill, J

CRM-6954-2021

Allowed as prayed for. Copy of the order dated 29.10.2020 passed by the learned Additional Sessions Judge, Panipat, is taken on record as Annexure P-3.

CRM-M-43778-2020

Through this petition, the petitioner seeks regular bail in case bearing FIR No.952 dated 11.11.2020, registered at Police Station Model Town, Panipat, District Panipat, under Section 506 IPC and Section 25 of the Arms Act, 1959 and Section 195-A IPC(added later on).

Learned counsel for petitioner contends that the petitioner has been in custody for the last more than three months; that in the present case, Section 25 of the Arms Act, 1959 has been deleted and Section 195-A IPC has been added. In fact, it is a matrimonial dispute between the husband-petitioner and the complainant-wife. The wife had also got registered FIR No.680 dated 14.08.2020, under Sections 323, 328, 377(deleted subsequently), 34, 406, 498-A and 506 IPC, Police Station Model Town, Panipat, against the petitioner wherein he had been enlarged on bail by the learned Additional Sessions Judge, Panipat, vide order dated 29.10.2020 (Annexure P-3).

On the other hand, learned State counsel opposes the prayer made in the present petition. However, he submits that challan was presented on 12.01.2021.

I have heard the learned counsel for the parties.

Challan has already been presented. The petitioner has been in custody since 29.11.2020. Trial of the case is in the offing which may 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.