High Court of Punjab and HaryanaCRM-M/14842/2020allowed

Hariom v. State Of Haryana

2020-08-05Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2020.08.05 15:15 I attest to the accuracy and integrity of this document CRM-M No.14842 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.14842 of 2020 (O&M) Date of Decision.05.08.2020 (Heard through VC) Hariom

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Kulwant Singh Dhanora, Advocate for the petitioner.

Ms. Harpreet Kaur, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail in case FIR No.336 dated 11.11.2019 registered under Sections 302, 201 IPC at Police Station Narwana Sadar, District Jind.

Counsel for the petitioner herein inter alia would contend that the petitioner has been falsely implicated in the present case and is in custody since 11.11.2019. He also shares on the Whatsapp group details of other three cases wherein the petitioner stands acquitted vide judgement dated 07.05.2012 passed in Crl. Case No.466/2 of 14.11.2009, judgment dated 29.11.2018 passed in Crl. Case No.247-1 of 2015 and judgment dated 20.01.2020 passed in Sessions Case No.16 of 31.3.2009, while further arguing that in the present case as well, the material witnesses have turned hostile and did not support the prosecution case. Learned counsel appearing for the respondent-State opposes the regular bail while submitting that no ground is made out for concession of bail.

CRM-M No.14842 of 2020 (O&M) -2I have heard learned counsel for the parties. Keeping in view the fact that the material witnesses have been examined, who did not support the prosecution case, coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE August 05, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No