High Court of Punjab and HaryanaCRM-M/1194/2021allowed

Keshav v. State Of Haryana

2021-01-14Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1194-2021 (O&M) Decided on : 14.01.2021 Keshav . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Ramnish Puri, Advocate for the petitioner(s).

Mr. Rajiv Goel, DAG, Haryana assisted by HC Sumit.

**** MANJARI NEHRU KAUL, J. (Oral) Instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 585, dated 19.08.2020, under Sections 323, 324, 341, 506, 34 IPC (Section 326 IPC added later on), registered at Police Station city Sonipat, District Sonipat. Learned counsel for the petitioner inter alia contends that the petitoner has been in custody since 02nd September, 2020 and only challan has been presented till date. Hence, there is no likelihood of the trial concluding anytime in the near future. Learned counsel for the petitoner has also invited the attention of this Court to the FIR in question by urging that a perusal of the same reveals that no specific role has been attributed to the petitioner, much less, any injury. He has submitted that injury attracting the mischief of Section 326 IPC has been attributed to the co-accused Babar.

Per contra, learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner. However, he has not been able to controvert the fact that the injury attracting the mischief of Section JAWALA RAM 2021.01.14 14:27 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-1194-2021 (O&M) - 2 - 326 IPC has not been attributed to the petitioner. Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE January 14, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.01.14 14:27 I attest to the accuracy and authenticity of this document Chandigarh