JACKEY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail, pending trial in case FIR No.41 dated 05.02.2019, under Sections 147, 149, 323, 341, 379-B, 427, 506 IPC, 1860 and Section 25 Indian Arms Act, 1959, registered at Police Station, Sadar Dadri, District Charkhi Dadri. The petitioner is in custody since his arrest on 09.04.2019.

(2.) The above FIR was registered on the application submitted by complainant-Parveen Gulia, wherein it was stated that on 05.02.2019, he went to Rohtak for some work in his Scorpio bearing registration No.HR14- Q-6319 and after finishing the work, he was coming to his house and at about 4.00 p.m., when he reached near Naram Dass Mandir, one I10 Grand Car was put in front of his vehicle and one ITOIS car on back side of his vehicle. Then he stopped his car and 10-12 boys alighted from the abovesaid two vehicles. Out of them, one Jacky alias Leela was having a revolver in his hand and rest were having sticks and dandas. Jacky inflicted a blow butt of revolver on his head and others have broken the windowpanes of his vehicle by throwing stones and dandas. They also inflicted danda blows on his hands, foot and waist and snatched the golden chain, which he was wearing in his neck and also took away his wallet containing Rs.15000-20000 and some important documents, i.e., DL and ATM. On these broad allegations, the above FIR was registered.

(3.) Learned counsel for the petitioner contends that the petitioner was arrested on 09.04.2019 and after completion of investigation, the final report was filed on 09.07.2019. However, the trial is not making any headway as the charges have not been framed so far. According to him, further custody of the petitioner may not be necessary and, therefore, he prays for grant of bail to the petitioner, during the pendency of the trial. On the other hand, learned State counsel, assisted by ASI Joginder Singh, has opposed the prayer on the ground that the petitioner is involved in other cases as well. However, it is not disputed by him that the charges are yet to be framed.