High Court of Punjab and HaryanaCRM-M/15904/2020allowed

Amit Kumar v. State Of Haryana

2020-08-24Ms. Justice Jaishree Thakur2 pages

CRM-M No.15904 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.15904 of 2020 (O&M) Date of Decision.24.08.2020 (Heard through VC) Amit Kumar

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Rakesh Nehra, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail in case FIR No.85 dated 15.04.2017 registered under Sections 148, 149, 323, 452, 325, 307, 379-B, 506 IPC at Police Station Salhawas, District Jhajjar. Counsel for the petitioner herein inter alia would contend that the petitioner herein had been granted anticipatory bail by the court of Additional Sessions Judge, Jhajjar vide order dated 28.07.2017. Thereafter, the petitioner regularly appeared before the Court. However, since the petitioner was suffering from fits, he started taking treatment from Rajasthan and therefore, could not appear before the trial Court. Consequently, he was declared proclaimed offender and arrested on 26.02.2020. Since then he is in custody.

Out of five accused, four have already been enlarged on bail and since the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. Learned counsel appearing for the respondent-State opposes the regular bail while submitting that no ground is made out for concession of PANKAJ KUMAR 2020.08.

CRM-M No.15904 of 2020 (O&M) -2bail.

I have heard learned counsel for the parties. Keeping in view the fact that the petitioner herein had already been allowed anticipatory bail, however, arrested again due to his failure for not appearing before the trial Court and out of five accused, four have already been enlarged on bail 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 24, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.08.25 11:02 I attest to the accuracy and integrity of this document