Satnam v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M- 18240 of 2020 (O&M) DATE OF DECISION : 28.07.2020 Satnam

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Sushil Kumar Verma, Advocate, for the petitioner.

Mr. Vikrant Pamboo, DAG, Haryana.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) 1.

The petitioner is seeking regular bail in FIR No. 124 dated 19.10.2019, registered under Sections 354, 354-D, 451 and 506 of Indian Penal Code and Section 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station Women, Sirsa, District Sirsa. 2.

The petitioner is stated to be a young boy of 18 years and is in custody since 19.10.2019. The allegations in the FIR against the petitioner were of stalking and entering the house of the victim, a 14 years girl, on 18.10.2019, with a view to drive her away. On raising the alarm, the mother of the victim also came there and accused fled away while abusing and extending threats. 3.

Learned counsel for the petitioner submits that investigation in the case is already over, challan has been presented, charges have been framed, but there is no headway in the trial, except examination of formal witnesses, due to spread of pandemic. According to him, the trial will take long time to conclude as the Courts are taking up only urgent matters. SONU 2020.07.28 04:00 I attest to the accuracy and integrity of this document

4.

On the other hand, learned State counsel opposes the bail plea. He, however, admits that after framing of charges, there is not much progress in trial.

5.

Having heard learned counsel for the parties, considering the fact that petitioner is in custody since 19.10.2019 (about 10 months now) and the trial is going on at snail pace due to covid-19 pandemic where the Courts are working with restrictions, I am of the considered view that no useful purpose would be served by keeping the petitioner behind the bars. 6.

Without expressing any opinion on the merits of the case, petition is allowed. Petitioner shall be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Sirsa, as the case may be. The petitioner will not visit the vicinity where the victim is residing and he will not try to contact/ influence any witness relating to the case.

(ARUN MONGA) JULY 28, 2020 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SONU 2020.07.28 04:00 I attest to the accuracy and integrity of this document