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High Court of Punjab and HaryanaCRM-M/14737/2023allowed

Sanjay Alias Sanju v. State Of Haryana

2023-03-28Mr. Justice Sudhir Mittal2 pages

2023:PHHC:045711

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.203 CRM-M-14737-2023 Date of Decision : March 28, 2023 Sanjay @ Sanju

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Ms. Himani Anand, Advocate, for the petitioner. Mr. Himmat Singh, DAG, Haryana.

***** SUDHIR MITTAL, J. (ORAL) The petitioner seeks regular bail in FIR No.591, dated 25.08.2022, registered at Police Station Krishna Gate, Thanesar, District Kurukshetra, under Section 307 IPC and Section 25 of Arms Act, 1959 (Sections 120-B, 34 & 201 IPC and Section 29 of Arms Act, 1959 added later on).

Learned counsel for the petitioner submits that the petitioner is not the main accused. He has been in custody for over six months and trial is not likely to be concluded at an early date as charges have not yet been framed. Thus, he may be granted regular bail. Custody certificate dated 25.03.2023 digitally signed by Sh.Roshan Singh Hooda, Deputy Superintendent, District Prison, Kurukshetra has been filed in Court. The same is taken on record. A perusal thereof shows that the petitioner has undergone actual custody of 06 months and 29 days and there is no other criminal case pending/decided against him.

ANKUR GOYAL 2023.03.28 15:34 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:045711 CRM-M-14737-2023 --2-- Learned State counsel concedes that charges have not yet been framed.

From the above, it is evident that the trial is not likely to be concluded at an early date. Keeping in view the period of custody undergone as well as the fact that the petitioner is not the main accused and has not been attributed any injury to the complainant, he deserves the concession of regular bail. Accordinlgy, the petition is 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. Nothing stated hereinabove shall be construed as an opinion on the merits of the case.

March 28, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANKUR GOYAL 2023.03.28 15:34 I attest to the accuracy and integrity of this order/judgment