Sandeep v. State Of Haryana

CRM-M-11341-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11341-2021 Date of decision: 09.03.2022 Sandeep

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Ashish Gupta, Advocate for the petitioner.

Mr. Rajat Gautam, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 06.09.2017 Karnal Sadar, District 148, 149, 302, 323, 452 IPC & Karnal Section 325 IPC (added later on) 1.

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2.

In paragraph 18 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 the trial is at the fag end and most of the witnesses stand examined and as such, any order at this stage may hamper the outcome of the trial.

REASONING:

5.

Petitioner was explicitly named in FIR. He has been arraigned as an accused for assaulting in furtherance of common object. Moreover, although the most of witnesses stand examined but the petitioner has not placed on record copies of their testimonies. ASHWANI KUMAR 2022.03.09 12:27 I attest to the accuracy and integrity of this document

CRM-M-11341-2021 In the entirety of facts and circumstances peculiar to this case, the petitioner fails to make out a case for bail at this stage.

6.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail at this stage.

7. 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 in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE March 09, 2022 AK Whether speaking/reasoned:

Yes Whether reportable:

No.

ASHWANI KUMAR 2022.03.09 12:27 I attest to the accuracy and integrity of this document