Jaibir @ Mannu v. State Of Haryana

2023:PHHC:091761

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 20.07.2023 JAIBIR @ MANNU ... Petitioner

Versus

STATE OF HARYANA ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Atul Lakhanpal, Senior Advocate with Mr. RS Chahal, Advocate for the petitioner.

 

   **** HARNARESH SINGH GILL, J.(Oral)      

    

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 7-   Per contra, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel does not dispute the custody period of the petitioner and the factum of the complainant and two eyewitnesses turning hostile. He, however, submits that the petitioner had actively participated in the occurrence, inasmuch as, he gave a fatal blow on the person of Zile Singh (since deceased) and that recovery of mobile phoine along with SIM card was effected from the petitioner. He further submits that the petitioner is a habitual offender, inasmuch as, there are other cases as well registered against him and that material witnesses are yet to be examined and thus, the petitioner be not granted the concession of bail.

I have heard the learned counsel for the parties. The petitioner has been in custody since 10.09.2021. The -     

  

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 / other cases, the petitioner is on bail and in one case he was found innocent. Co-accused have already been enlarged on bail. Material witnesses have already been examined. Trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.

-3In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 20.07.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No