CRM-M No. 33410 of 2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
221
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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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