High Court of Punjab and HaryanaCRM-M/16133/2020allowed

Rinku v. State Of Haryana

2020-07-27Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16133-2020 Decided on : 27.07.2020 Rinku . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Anil Kumar Malik, Advocate for the petitioner(s).

Mr. Vikas Bhardwaj, Asstt. AG, Haryana.

**** MANJARI NEHRU KAUL, J.

Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing. This is the second petition filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 423, dated 31.10.2019, under Sections 323, 379-B, 506, 436 of IPC, registered at Police Station Matlauda, District Panipat.

Learned counsel for the petitioner inter alia contends that the petitioner has been in custody since 04th February, 2020 and false case has been registered against him, after a delay of more than one day of the occurrence in question. He further contends that the petitioner allegedly broke the window of the liquor vend and after snatching ` 4000/- from the vend, he set the liquor vend afire.

Learned counsel for the petitioner further contends that the petitioner's false implication is evident from the fact that soon after the occurrence in question, the police had arrived at the spot, however, the FIR was registered only on the subsequent day.

JAWALA RAM 2020.07.28 11:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-16133-2020 - 2 - On the other hand, learned State counsel while opposing the prayer made by learned counsel for the petitioner, has apprised this Court that the charges have not yet been framed, even though, the report under Sections 173 Cr.P.C. was filed on 02nd May, 2020 The delay has occurred on account of the outbreak of pandemic COVID-19. Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner is in custody since 04th February, 2020, no useful purpose would be served in keeping the petitioner behind bars, as the trial is unlikely to conclude in the near future, more so in the prevailing conditions due to the outbreak of pandemic COVID-19. Accordingly, I deem it a fit case for grant of the concession of regular bail. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. (MANJARI NEHRU KAUL) JUDGE July 27, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.07.28 11:42 I attest to the accuracy and authenticity of this document Chandigarh