MAMDHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this petition is for grant of regular bail to the petitioner, Mamdhu, son of Nayab, resident of Deha Basti, Sadhaura, District Yamunanagar, who has been booked for having committed the offences punishable under Sections 380, 468 and 459, IPC, in a case arising out of FIR No. 93, dated 23.7.2012, registered at Police Station, Sadhaura, District Yamunanagar. Learned counsel contends that after four months of the alleged incident, the petitioner was arrested and no test identification parade was got conducted by the investigating agency. He further submits that the recovery of the alleged ornaments from the petitioner do not prove that the petitioner has committed the offences for which he has been booked. He also submits that at best it could be a case for retaining the stolen property attracting the mischief of Section 411, IPC. He also submits that while effecting the alleged recovery, no independent witness was joined by the investigating agency. He also submits that the petitioner is behind the bars from 18.11.2012 and after completion of the investigation the charge -sheet (report under Section 173, Cr.P.C.) has been presented before the learned Court below and the trial is going on.

(2.) LEARNED counsel for the State though opposed the grant of bail to the petitioner, but could not substantiate his submissions. He fairly concedes that except for the evidence of recovery of the ornaments no other material is available on record to connect the petitioner with the alleged offences. However, he submits that at the time of the arrest of the petitioner, he was identified by the complainant as the offender.

(3.) NO identification parade has been conducted in the present case. Whether the recovery of the alleged ornaments would connect the petitioner with the offences for which he has been booked, would be a moot point during course of the trial. The petitioner is behind the bars from 18.11.2012 and after completion of the investigation the charge -sheet (report under Section 173, Cr.P.C.) has been presented before the learned Court below. The petitioner is neither required nor involved in any other case. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. The petitioner, Mamdhu, son of Nayab, resident of Deha Basti, Sadhaura, District Yamunanagar, is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds in the sum of Rs. 1,00,000/ -, with one surety in the like amount, to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Yamunanagar.