CRM No.M-8414 of 2011.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM No.M-8414 of 2011 Date of Decision: 24.05.2011 **** Sher Singh . . . . Petitioner VS. State of Haryana . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Salim Ahmad, Advocate for the petitioner Mr. GS Sandhu, AAG Haryana **** SURYA KANT J. (ORAL) (1). The petitioner seeks his enlargement on regular bail in the case FIR No.108 dated 06.04.2010 under Sections 394/397 IPC registered at PS Punhana, District Mewat. (2). As per the allegations, the complainant was forcibly robbed of Rs.40,000/- by the main accused and the petitioner along with two more persons came later on a motorcycle and threatened the complainant with dire consequences. (3). The petitioner was arrested on 06.04.2010 and is in custody since then. His co-accused including those who CRM No.M-8414 of 2011.doc - 2 – allegedly committed the robbery have not been arrested so far. (4). Meanwhile, the complainant appeared in the witness box and deposed that the accused persons present in Court were not those who looted Rs.40,000/- from him. He has also denied that the petitioner was never identified amongst those persons who came on motor cycle and gave beatings to the complainant. (5). Though the evidentiary value of the above-stated statement of the complainant, who was declared hostile, would be evaluated by the trial Court at an appropriate stage, however, considering the fact that the petitioner is in custody from the last more than one year and the material witnesses have already been examined, I deem it appropriate to allow this petition and direct the petitioner to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial Court. (6). Dasti . 24.05.2011 vishal shonkar (S u r y a K a n t) Judge