CRM-M-50222-2019 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRM-M-50222-2019
Date of decision: 15.01.2020
Rajesh @ Mopal …Petitioner
Versus
State of Haryana …Respondent
CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present:- Mr. Sandeep Lather, Advocate
for the petitioner.
Mr. Naveen Sheoran, DAG, Haryana.
ARVIND SINGH SANGWAN, J. (Oral)
This petition has been filed under Section 439 of the Code of
Criminal Procedure for grant of regular bail to the petitioner in case
FIR No. 0259 dated 11.08.2019, registered under Section 377 IPC at Police
Station Sadar Jind, District Jind.
Learned counsel for the petitioner submits that petitioner is a
first offender; investigation is complete; challan stands presented, however,
FSL report is still awaited.
Learned counsel for the petitioner further submits that
petitioner is in judicial custody since 14.08.2019 and on account of awaiting
the FSL report, the trial has not begun.
Learned State counsel, on instructions from ASI Satish Kumar,
has not disputed the factual position but opposed the grant of bail to the
petitioner.
I have heard learned counsel for the parties.
Without commenting upon the merits of the case, considering
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the fact that petitioner is in judicial custody since 14.08.2019; he is not
involved in any other case and also in view of the fact that trial is yet to
begin and its conclusion may take a long time, the instant petition is
allowed. The petitioner is ordered to be released on regular bail on his
furnishing bail/surety bonds to the satisfaction of the trial Court/Duty
Magistrate concerned.
15.01.2020 (ARVIND SINGH SANGWAN)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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