Rajesh Kumar Son Of Om Parkash v. State Of Haryana

Mehinder Singh Sullar , J.

(1) As identical points for the grant of regular bail are involved in both the aforesaid petitions, arising out of the same case/FIR, therefore, I propose to decide the same, vide this common order, in order to avoid the repetition of the facts.

(2) Invoking the provisions of section 439 cr.pc, petitioners Rajesh Kumar son of Om Parkash and Sanjay son of Ram Singh, have directed the above indicated separate petitions for regular bail in a case registered against them and their other co-accused namely Virender, vide FIR No.633 dated 19.7.2010, on accusation of having committed the offences punishable under sections 420, 467, 468, 471 and 120-B IPC, by the police of Police Station City Hissar.

(3) Notice of the petitions was issued to the State. CRM Nos.M-29394 and 29770 of 2010 2

(4) After hearing the learned counsel for the parties, going through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to my mind, these petitions deserve to be accepted in this respect.

(5) What is not disputed here is that all the offences, alleged against the petitioners-accused, are triable by the Court of Magistrate. Since the charges have not yet been framed against the accused, so, the conclusion of trial will naturally take long time. Petitioner Rajesh Kumar was arrested on 23.7.2010 while petitioner Sanjay was arrested on 6.8.2010 and since then they are in judicial custody. They are no longer required to be further detained in jail for any purpose. There is no history of previous involvement of the petitioners in any such case.

(6) So, taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, to me, the present petitioners are entitled to regular bail in the obtaining circumstances of the instant case.

(7 ) In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioners are directed to be released on bail on their furnishing bail and surety bonds to the satisfaction of the trial Court.

(8) The instant petitions are disposed of accordingly.