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High Court of Punjab and HaryanaCRM-M/1878/2025allowed

Bisvinder Alias Kalwa v. State Of Haryana

2025-02-25Mr. Justice Mahabir Singh Sindhu2 pages

CRM-M-1878 of 2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1878 of 2025 DATE OF DECISION :- 25.02.2025 Bisvinder @ Kalwa

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Ravi Malik, Advocate for the petitioner.

Mr. Neeraj Sheoran, DAG, Haryana.

*** MAHABIR SINGH SINDHU , J.

Present regular bail petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'), for grant of bail pending trial to the petitioner in FIR No. 318 dated 02.05.2024 under Sections 379-B, 201 read with Section 34 of the Indian Penal Code, 1860 (for short, 'the IPC') registered at Police Station City Ballabgarh, Faridabad. 2.

Allegations are that petitioner along with other co-accused snatched away the mobile phone of complainant while inflicting injuries on her neck and fled away.

3.

Contends that the petitioner is in custody since 03.06.2024; report under Section 173 of Cr.P.C was presented on 06.06.2024; charges were framed on 13.09.2024; out of total 19 prosecution witnesses only one has been examined, therefore, conclusion of trial may take sufficient long time. 4.

Learned State counsel, on instructions, duly acknowledged the above factual position.

5.

Heard both sides and perused the paper-book.

PARVINDER SINGH 2025.02.25 20:31 I attest to the accuracy and authenticity of this order/judgment

CRM-M-1878 of 2025 6.

Concededly, petitioner is in custody since 03.06.2024; challan has been presented on 06.06.2024; report under Section 173 of Cr.P.C was presented on 06.06.2024; charges have been framed on 13.09.2024 and out of total 19 prosecution witnesses, only one has been examined so far; thus, conclusion of trial may take sufficient long time. It is also not the objection of State that in case, petitioner is released on bail, he shall influence the witnesses or hamper the course of trial, in any manner; thus, further incarceration of the petitioner would not serve any purpose.

7.

Consequently, present petition is allowed; petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 8.

Petitioner shall appear on each & every date of hearing and to fully co-operate with the learned trial Court without seeking any unnecessary adjournment(s).

9.

The above observations may not be construed as an expression of opinion on the merits of the case, in any manner. 10.

It is clarified that in case there is recurrence or any misuse of concession of bail on the part of the petitioner, State of Haryana would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. (MAHABIR SINGH SINDHU) JUDGE 25.02.2025 P.Singhl Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2025.02.25 20:31 I attest to the accuracy and authenticity of this order/judgment