High Court of Punjab and HaryanaCRM-M/35656/2020dismissed

Shiv Karan @ Ravi v. State Of Punjab

2021-03-09Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35656-2020 Decided on : 09.03.2021 Shiv Karan @ Ravi . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Mandeep Kaushik, Advocate, for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Labh Singh.

**** MANJARI NEHRU KAUL, J. (Oral) This is the second filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 69, dated 14.05.2015, under Sections 302, 34 IPC and Section 25, 27, 54, 59 of the Arms Act (Sections 120-B, 472 IPC added later on), registered at Police Station Goraya, District Police Jalandhar Rural.

Learned counsel for the petitioner submits that the petitioner has been in custody since 26th May, 2015 and the trial has not yet concluded, inasmuch as, the prosecution evidence is still underway. He further submits that the petitioner was nominated as an accused on the basis of a disclosure statement allegedly made by co-accused Rahul Sood, wherein, he assigned a role to the petitioner and others in the alleged crime. Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI Labh Singh, has submitted that the petitioner is a man of criminal antecedents. He has invited the attention to the custody certificate dated JAWALA RAM 2021.03.09 16:45 I attest to the accuracy and authenticity of this document Chandigarh 08.03.2021, of the petitioner, which has been filed by him in Court today.

CRM-M-35656-2020 - 2 - Same is taken on record, subject to all just exceptions. A perusal of the same reveals that the petitioner stands convicted for offences under Sections 323, 324, 452, 506, 34 IPC in case FIR No. 14, dated 27.02.2015. Learned State counsel has submitted that the petitioner was involved in 3-4 other cases as well. However, he stands acquitted in those cases. It has also been submitted that it was during the pendency of the other criminal cases registered against the petitioner, he was involved in the FIR in question as well. Learned State counsel has further submitted that 15 out of the 29 prosecution witnesses cited, stand examined so far and hence, trial is likely to conclude in the near future.

Heard.

Prima facie, there are serious allegations against the petitioner for which he does not deserve the concession of regular bail. However, keeping in view the fact that he has been in custody since 26th May, 2015, the trial Court concerned is directed to expedite the trial and conclude the same positively on or before 31st July, 2021.

Petition stands dismissed accordingly.

(MANJARI NEHRU KAUL) JUDGE March 09, 2021 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2021.03.09 16:45 I attest to the accuracy and authenticity of this document Chandigarh