Satyawan v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: August 17, 2015 Satyawan

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Ms. Loveleen Dhaliwal, Advocate, for the petitioner.

Mr. Kuldeep Tiwari, Addl. AG, Haryana, for the respondent.

1.

Whether Reporters of local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

NARESH KUMAR SANGHI, J (Oral) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of bail to the petitioner, Satyawan, son of Ram Singh, resident of Village Khatla, Tehsil Safidon, District Jind, who has been booked for having committed the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988, in a case arising out of FIR No. 40, dated 19.9.2013, registered at Police Station, State Vigilance Bureau, Hisar.

Learned counsel contends that after initial arrest of the petitioner, he was granted regular bail by learned Trial Court. Due

to injuries sustained in an accident and consequent ill health, the petitioner could not appear before learned Trial Court on 15.7.2015. However, he was examined by the doctor at Shri Gyani Ram Memorial Hospital, Safidon, who advised him to take bed rest for three days. She further contends that during trial the petitioner was regularly appearing before learned Trial Court. The material witnesses had already been examined and, as such, there could not be any motive on the part of the petitioner to delay the trial. She further submits that for one day's absence from trial, the petitioner is behind the bars from 20.7.2015.

Learned counsel for the State submits that the petitioner deliberately did not appear before learned Trial Court on 15.7.2015 to avoid recording of the deposition of the investigating officer. He further submits that medical prescription produced by the petitioner before learned Trial Court would not show that he (petitioner) met with an accident.

I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

For one day absence from learned Trial Court, the petitioner has already suffered incarceration for approximately one month. After his initial arrest, the petitioner was granted bail by learned Trial Court.

Keeping in view totality of the facts and circumstances of the case, the present petition is allowed. The petitioner, Satyawan, son of Ram Singh, resident of Village Khatla, Tehsil Safidon, District Jind, is ordered to be released on bail during pendency of the trial of the present case subject to his furnishing bail bond to the satisfaction of the learned Trial Court.

(NARESH KUMAR SANGHI) JUDGE August 17, 2015 Pkapoor