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Vipin vs State Of Haryana on 28 February, 2019

CRM-M No. 33410 of 2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
221
*****

CRM-M No. 33410 of 2018
Decided on: 28.2.2019

Vipin ……….Petitioner
Versus
State of Haryana …..Respondent

CORAM: HON’BLE MRS. JUSTICE DAYA CHAUDHARY

Present: Mr. Ajay Saini, Advocate, for the petitioner

Mr. R.S. Doon, AAG, Haryana

Daya Chaudhary, J.(Oral)

This petition has been filed under Section 439 Cr.P.C. for grant of

regular bail to the petitioner in case FIR No.778 dated 7.7.2017, under Sections

406, 420, 506 and 34 IPC, registered at Police Station City Panipat, District

Panipat.

Learned counsel for the petitioner submits that Section 406 IPC

was deleted subsequently and no charge has been framed under this section.

He also submits that the petitioner has falsely been implicated in this case

whereas he is not involved. Learned counsel submits that owner of the

company has been declared proclaimed offender vide order dated 8.10.2018.

The amount was deposited in the account of the company and the petitioner is

not the beneficiary in any manner. He is in custody since 20.4.2018 and out of

10 prosecution witnesses, only two witnesses have been examined. The

application under Section 319 Cr.P.C. moved by the prosecution is still

pending. Trial may take some time to conclude and no useful purpose would

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CRM-M No. 33410 of 2018 -2-

be served by keeping the petitioner behind the bars.

Learned State counsel has not disputed examination of two

prosecution witnesses out of ten witnesses and custody of the petitioner since

20.4.2018.

Keeping in view the custody of the petitioner since 20.4.2018 and

also the facts that out of total 10 prosecution witnesses, 2 have been examined;

the application under Section 319 Cr.P.C. is still pending and in case, the same

is allowed, it will be a de-novo trial, the present petition is allowed. Petitioner

is directed to be released on bail on his furnishing bail/surety bonds to the

satisfaction of the trial Court/Duty Magistrate concerned.

(DAYA CHAUDHARY)
JUDGE
28.2.2018
Ashwani

Speaking/Non-speaking : Yes/No
Reportable/Reasoned : Yes/No

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