Kamal v. State Of Haryana

   
      
  

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   6 , It is submitted by learned counsel for the petitioner that the petitioner is in custody from 05.06.2020 which is about 3 years and 1 month. He submitted that it is the successive bail petition filed by the petitioner and earlier no prosecution witness was examined at the time when it was dismissed by this Court. He submitted that now there is a change of circumstance. Firstly, the custody of the petitioner is more than three years now and secondly, two material witnesses

  including the complainant have been examined and therefore the present petition is maintainable. He also submitted that as per the prosecution story, the blood stained clothes recovered from the scooty were matched with the blood of the deceased but the said scooty did not belong to the petitioner nor the clothes belonged to the petitioner and the petitioner has been falsely implicated in the present case. He further submitted that be that as it may, the aforesaid factual position can be ascertained only at the time of trial and considering his long custody, he may be considered for the grant of regular bail.

3.

Learned counsel for the petitioner has raised further plea by submitting that the petitioner is a M. Phil student and the petitioner has four sisters and old parents who are sick and considering the aforesaid position as well, he may be considered for the grant of regular bail. 4.

On the other hand,   






   has submitted that it is correct that the petitioner has already faced incarceration for more than three years and two prosecution witnesses including the complainant have already been examined. She also submitted that as per her instructions, the petitioner is not involved in any other case and has clean antecedents. She   7 (   

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 5.

I have heard learned counsel for the parties. 6.

The petitioner has already faced incarceration for more than three years.

 

  

 

  

     



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   7.

Apart from the above, learned counsel for the petitioner also stated that the petitioner has four sisters and old parents are also sick. Therefore, considering the aforesaid totality of circumstances, this Court deems it fit and proper to grant regular bail to the petitioner. &

9  the present petition is allowed. "

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