CRM-M-27899 of 2009 - 1 – IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-27899 of 2009 DATE OF DECISION: 19.11.2009 **** Vicky @ Vikas . . . . Petitioner VS. State of Haryana . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Rakesh Nehra, Advocate for the petitioner. Mr.Amit Khatkar, AAG, Haryana. **** RAKESH KUMAR JAIN J. (ORAL) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for grant of regular bail in a case FIR No.16 dated 16.1.2007 registered under Sections 342, 395, 397, 419, 420, 467, 468 & 471 of the Indian Penal Code (for short ‘IPC’) and 25 of Arms Act, at Police Station Suraj Kund, Faridabad, District Faridabad. Learned counsel for the petitioner, inter alia, contends that out of the six co-accused, four were sent for trial, who were acquitted vide order dated 22.12.2008. Petitioner was named in the disclosure statement of one of the co-accused. The 5th co-accused, namely, Satish has been acquitted on 4.11.2009. It is further submitted that the petitioner is in custody for more than eight months whereas the witnesses are the same, who had already been declared hostile. On the contrary, learned counsel for the State has submitted that the petitioner was declared proclaimed offender on CRM-M-27899 of 2009 - 2 – 23.12.2007 and a country-made pistol was also recovered from him. He, however, on instructions, received from ASI Ram Krishan has submitted that the petitioner is not involved in any other case in Faridabd. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, wherein all the co- accused have already been acquitted by the competent Court of Law, the present bail application is allowed and petitioner is also granted benefit of bail and is directed to be released on regular bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Faridabad. (RAKESH KUMAR JAIN) NOVEMBER 19, 2009 JUDGE Vivek