High Court of Punjab and HaryanaCRM-M/13761/2023allowed

Raj Kumar v. State Of Punjab

2023-03-23Mr. Justice Sudhir Mittal2 pages

2023:PHHC:042813

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.214 CRM-M-13761-2023 Date of Decision : March 23, 2023 Raj Kumar

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Piyush Khanna, Advocate, for the petitioner. Mr. Harkanwar Jeet Singh, AAG, Punjab.

***** SUDHIR MITTAL, J. (ORAL) The petitioner seeks regular bail in FIR No.233, dated 30.09.2021, registered at Police Station Model Town, District Hoshiarpur, under Sections 304 & 34 IPC.

Learned counsel for the petitioner submits that identically situated co-accused namely Karan @ Karan Kumar has been granted regular bail by this Court vide order dated 15.02.2023 in CRM-M-7240-2023, Karan @ Karan Kumar vs. State of Punjab, thus, the petitioner deserves the same concession. Moreover, the petitioner has been in custody for over one year and the trial is not likely to be concluded at an early date as 02 Pws have been examined as yet out of a total of 12 Pws. There is no other criminal case pending/decided against the petitioner and thus, he may be granted regular bail.

Custody certificate dated 22.03.2023 digitally signed by Sh.Anurag Kumar, Jail Superintendent, Central Jail, Hoshiarpur has been filed in Court. The same is taken on record. A perusal thereof shows that the petitioner has undergone actual custody of 01 year, 05 months and 22 ANKUR GOYAL 2023.03.23 14:50 I attest to the accuracy and integrity of this order/judgment days.

2023:PHHC:042813 CRM-M-13761-2023 --2-- Learned State counsel concedes that only 02 Pws have been examined out of a total of 12 Pws and that the petitioner is identically situated as co-accused namely Karan @ Karan Kumar. Thus, keeping in view the principle of parity as well as in view of the period of custody undergone and that the trial is not likely to be concluded at an early date, I deem it appropriate to grant him regular bail. The petition is accordingly allowed. He is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

March 23, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes Whether Reportable No ANKUR GOYAL 2023.03.23 14:50 I attest to the accuracy and integrity of this order/judgment