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High Court of Punjab and HaryanaCRM-M/5006/2023allowed

Ajay v. State Of Haryana

2023-04-13Mr. Justice Sudhir Mittal2 pages

2023:PHHC:051533

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.222 CRM-M-5006-2023 Date of Decision : April 13, 2023 Ajay

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Pankaj Bali, Advocate, for the petitioner. Mr. Himmat Singh, DAG, Haryana.

***** SUDHIR MITTAL, J. (ORAL) The petitioner seeks regular bail in FIR No.115, dated 23.04.2021, registered at Police Station Ram Nagar, Karnal, under Sections 302, 506 & 34 IPC and Section 25 of Arms Act, 1959. Learned counsel for the petitioner submits that the petitioner has been in custody for almost two years. The trial is not likely to be concluded at an early date as examination of PWs has not yet started. The complainant has not appeared despite issuance of bailable warrants. One conviction has been recorded against the petitioner in the past in which he has already undergone the sentence and thus, the petitioner may be granted regular bail.

Custody certificate dated 11.04.2023 digitally signed by Smt.Shailakshi Bhardwaj, Deputy Superintendent, District Prison, Karnal has been filed in Court. The same is taken on record. According to the custody certificate, the petitioner has undergone actual custody of 01 year, 11 months and 12 days and one conviction has been recorded against him. In the said case, he has undergone the sentence. ANKUR GOYAL 2023.04.13 16:16 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:051533 CRM-M-5006-2023 --2-- Learned State counsel concedes that examination of Pws has not yet started and that the complainant could not be examined as he did not appeared despite issuance of bailable warrants. It is thus evident that the trial is not likely to be concluded at an early date. The petitioner has been in custody for 01 year, 11 months and 12 days and thus, I deem it appropriate to grant regular bail to the petitioner. The petition is accordingly allowed and the petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of the trial Court concerned.

April 13, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANKUR GOYAL 2023.04.13 16:16 I attest to the accuracy and integrity of this order/judgment