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High Court of Punjab and HaryanaCRM-M/32221/2022disposed of

Sandeep v. State Of Haryana

2023-07-27Mr. Justice Anoop Chitkara2 pages

2023:PHHC:096085

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-32221-2022 Date of Decision: 27.07.2023 Sandeep ......... PeƟƟoner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Parveen Sharma, Advocate for the peƟƟoner. Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police StaƟon SecƟons 06.09.2017 Karnal Sadar, District Karnal 148, 149, 302, 323, 452 IPC (325 IPC added later on) The peƟƟoner incarcerated in the FIR capƟoned above, has come up before this Court under SecƟon 439 CrPC seeking bail. 2.

State counsel opposes the present peƟƟon on the ground that trial is at an advance stage.

3.

At this stage, counsel for the peƟƟoner submits that the material witnesses have not supported the case of the prosecuƟon and whatever evidence has come against the peƟƟoner, it is full of contradicƟons.

4.

Since the trial is pending, as such it shall be highly unfair for this Court to make any comments on the quality of evidence. 5.

At this stage, counsel for the peƟƟoner submits that he be permiƩed to withdraw the present peƟƟon with liberty to file a bail before the trial Court and trial Court shall not influence with the earlier rejecƟons and shall decide the bail on its own merits considering the change in circumstances i.e. the prosecuƟon evidence. JYOTI 2023.08.01 09:01 I attest to the accuracy and integrity of this order/judgment.

CRM-M-32221-2022 -22023:PHHC:096085 6.

Given above, the present peƟƟon is disposed of having been withdrawn with liberty to file a bail before the trial Court and while deciding the same, the trial Court shall not influence by earlier rejecƟons and decide the same on its merits. All pending miscellaneous applicaƟons, if any, stand disposed of. Trial be expedited.

(ANOOP CHITKARA) JUDGE 27.07.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.08.01 09:01 I attest to the accuracy and integrity of this order/judgment.