Sabarjeet v. State Of Haryana


   


    


 



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    7 *   ,  )))    8  Learned counsel appearing on behalf of the petitioner contends that the prosecution has concluded its evidence and thereafter, not only the statement of accused under Section 313 Cr.P.C. was recoded but two witnesses were also examined in defence. However, the complainant has now moved an application under Section 311 Cr.P.C. seeking DNA matching since earlier DNA analysis of the deceased did not match with his mother. He contends that now the application has been filed for seeking analysis after drawing sample from the fathercomplainant. He submits that despite multiple opportunities having been granted, there has been no adjudication on the application and thus the proceedings are likely to take a long time to culminate. He further contends that as per the custody certificate dated 12.05.

2026 placed on record, the petitioner has already undergone an actual custody for 07 years, 09 months and 25 days. He further submits that the petitioner is not involved in any other case and therefore, keeping in view long incarceration, the present petition deserves to be allowed.

. State counsel, on the other hand, does not dispute the facts as noticed above including the period of custody and the stage of the trial. Having heard the learned counsel for the parties, without commenting any further on the merits of the case and taking into consideration only the custody period of 07 years, 09 months and 25 days already undergone by the petitioner, I deem it appropriate to allow the present petition. Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail on furnishing requisite bail bond/surety bond to the satisfaction of the Trial Court/Duty Magistrate, concerned. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.

The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case on the basis of available material.

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