Balram v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8737 of 2020 (O&M) DATE OF DECISION : 20.07.2020 Balram

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms.Vandana Sharma, Advocate, for the petitioner.

Mr. Vikrant Pamboo, DAG Haryana.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) 1.

The petitioner is seeking regular bail in FIR No. 395 dated 23.06.2019, registered under Sections 379-A read with Section 34 IPC, Police Station Camp Palwal, District Palwal.

2.

As per allegations in the FIR, two unknown persons looted the Swift car along with two mobiles and cash of Rs.3300/- from the complainant. During interrogation in another FIR No.283/2019, on the basis of disclosure statement suffered by accused therein, involvement of the petitioner stated to have been found. Consequently, the petitioner was arrested in this case and is stated to be in custody since 29.06.2019.

3.

Learned counsel for the petitioner submits that there is no legally admissible evidence against the petitioner as he has been implicated on the basis of disclosure statement of some other accused in some other FIR. She further submits that investigation is over, challan has been presented and trial is SONU 2020.07.20 03:53 I attest to the accuracy and integrity of this document

not likely to commence or conclude soon in near future due to Covid-19 pandemic.

4.

On the other hand, learned State counsel opposes the bail plea. He, however, admits that investigation is complete and trial is yet to commence.

5.

The petitioner is in custody since 29.06.2019. In the present scenario of Covid-19 pandemic where the Courts are working with restrictions and taking up only urgent matters, there is no likelihood of commencing or concluding of trial in near future. The petitioner has been nominated in this case on the basis of disclosure statement suffered by an accused in another FIR. Without expressing any opinion on the merits of the case I am of the view that petitioner is entitled to bail. Accordingly, the petition is allowed. The petitioner shall be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Palwal, as the case may be.

(ARUN MONGA) JULY 20, 2020 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SONU 2020.07.20 03:53 I attest to the accuracy and integrity of this document