Jaswinder Alias Jassi v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 27.03.2025 JASWINDER ALIAS JASSI ... PETITIONER

VERSUS

STATE OF HARYANA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Puneet Pali, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1.

The petition has been filed under Section 439 Cr.P.C for the grant of regular bail to the petitioner in FIR No.05 dated 14.01.2023 under Sections 307, 34, 120-B IPC and Section 25-54-59 of the Arms Act registered at Police Station Shahzadpur, District Ambala.

2.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He submitted that as per the allegations levelled against the petitioner that he was a pillion rider and there were two other co-accused and they had fired gunshot upon the injured which hit his head and shoulder. The motive is political rivalrly between the parties due to the local Sarpanch elections. The petitioner is stated to be 19 years of age at the time of occurrence and he had nothing to do with the alleged offence. He further submits that the present petitioner has been nominated on the basis

-2of disclosure statement of Dikshant and nothing has been recovered from the petitioner.

3.

Notice of motion.

4.

Mr. Vipul Sherwal, AAG, Haryana appears and accepts notice on behlaf of the respondent-State. Learned State counsel vehemently opposes the prayer for grant of regular bail to the petitioner. He has filed the custody certificate of the petitioner, which is taken on record. The petitioner has been in custody since 18.02.2023. As per the custody certificate, the petitioner has already undergone incarceration for 02 years 01 month and 07 days. Challan in the case stands presented on 16.05.2023, charges were framed on 25.07.2023 and out of 19 cited prosecution witnesses, none has been examined till date. 5.

I have heard the learned counsel for the parties and perused the record.

6.

In view of the above submission of learned counsel, since the trial is yet to commence and it will take considerable time to conclude, no useful purpose would be served for further incarceration of the petitioner. As the petitioner is in custody for the last 02 years 01 months and 07 days and continuous detention of the petitioner would not serve the ends of justice. Keeping in view the facts and circumstances of the present case, I deem it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial.

7.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on

-3regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

(H.S.GREWAL) 27.03.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No