Jindha Alias Jindu v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-13478-2023 (O&M) Date of order: 23.08.2023 Jindha @ Jindu .....Petitioner(s) Vs.

State of Haryana .....Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Aditya Sanghi, Advocate for the petitioner.

Mr. Brijesh Sharma, AAG Haryana.

Mr. D.P.S. Joura, Advocate for the complainant.

***** Nidhi Gupta, J.

Prayer in this first petition filed under Section 439 of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") is for grant of regular bail in case FIR No.165 dated 04.04.2022 registered under Sections 326-A and 458 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Section 6 of Poison Act, 1919at Police Station Civil Lines, Sirsa, District Sirsa, Haryana.

2.

FIR is reproduced as under:- "Statement of Karamjit Kaur alias Sonu Wife of Angrej Singh Majhabi Sikh R/o Flat Number 318-A, Sector 19 HUDA Sirsa aged 45 years, Mobile Number 8950572170, stated that I am resident of above mentioned address and am a lady doing household work, on the night of dated 03/04.04.2022 time at

around 12.

of my known and not upon the Motorcycle of Jindu, amid this issue Jindu had thrown acid upon me and my son Khushdeep Singh, as a result of which lot of damage has been cause upon my body and my body of my son Khushdeep, you may initiate legal action against Jindu and justice may be served to me...." 3.

It is inter alia submitted by learned counsel for the petitioner that the petitioner has been in custody since 15.04.2022 for a period of almost 1 year and a half year. It is submitted that all the material witnesses have been examined.

4.

Learned counsel for the complainant submits that the victim has suffered a disability of 70% in the incident in question. Learned counsel vehemently submits that direction be issued to the learned trial Court to expedite the trial.

5.

Learned State Counsel files custody certificate dated 23.08.2023 which is taken on record. As per the custody certificate, the petitioner has undergone custody of 1 year 4 months and 9 days. Learned counsel admits that as on date all the prosecution witnesses stand examined.

6.

I have heard learned counsel for the parties. 7.

Without commenting on the merits of the matter, however, keeping in view the totality of the facts and circumstances of the case, including the fact that material witnesses already stand examined, and that the petitioner is in custody since 15.04.2022 and has undergone 1 year 4 months 9 days in custody as under trial, and the fact that there is no

other case against the petitioner, and that trial will take some time to conclude, present petition is allowed. The petitioner namely Jindha @ Jindu s/o Kaka Singh is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Learned trial Court is directed to expedite the trial in the matter.

8.

However, it is made clear that nothing stated above shall be construed as an expression of opinion on the merits of the case. 9.

Pending application(s) if any also stand(s) disposed of. 23.08.2023 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No