Om Parkash v. State Of Haryana
CRM-M-790-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-790-2022
Reserved on: 11.02.2022
Pronounced on: 15.02.2022 Om Parkash
...Petitioner
Versus
State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Sumit Sangwan, Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 13.05.2020 Bhiwani Sadar, 302, 323 & 34 IPC (Section 325 IPC District Bhiwani added later on during investigation) 1.
The petitioner, incarcerating upon his arrest in the FIR captioned above, has came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2.
In paragraph 8 of the petition, it is declared that the accused has no criminal history.
3.
Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.
The contention on behalf of the State is that bail encourages criminals. REASONING:
5.
As per the evidence collected by the prosecution, even the petitioner was armed with a stick and inflicted injuries on one of the victims. Thus, even if he did not cause the fatal blow, still at this stage there is nothing to prove that he did not share the common intentions. Any further discussion might prejudice the case of the defence. Suffice to say that the learned Sessions Court had granted bail to the other accused on the grounds that the independent witnesses turned hostile and did not support the prosecution. Let the petitioner approach the concerned Court and in case the learned trial Court is of the opinion that even the petitioner is entitled to bail on the grounds of parity then they may consider such application. ANJU RANI 2022.02.15 14:47 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH
CRM-M-790-2022
6. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed and the aforesaid liberty reserved for the petitioner. All pending applications, if any, stand disposed.
(ANOOP CHITKARA) JUDGE February 15, 2022 anju rani Whether speaking/reasoned:
Yes Whether reportable:
No ANJU RANI 2022.02.15 14:47 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH