High Court of Punjab and HaryanaCRM-M/36186/2020allowed

Kamlesh Rani And Another v. State Of Haryana

2020-12-18Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36186-2020 (O&M) Decided on : 18.12.2020 Kamlesh Rani and another . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. G.C. Shahpuri, Advocate for the petitioner(s).

Mr. Arun Beniwal, DAG, Haryana assisted by SI Bhoop Singh.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case FIR No. 534, dated 25.05.2020, under Sections 420, 406, 506, 120-B IPC, registered at Police Station City Jagadhri, District Yamuna Nagar. Learned Senior counsel for the petitioner inter alia contends that the petitioners have been falsely implicated in the instant case after almost 31⁄2 years of the alleged agreement to sell with an oblique motive to extract money from them. It has been further submitted that petitioner No.1 has been in custody since 07th October, 2020 and petitioner No.2 has been in custody since 06th October, 2020 and only challan has been filed so far. Hence, there is no likelihood of the trial concluding any time in the future. Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioners, has submitted JAWALA RAM 2020.12.18 16:04 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-36186-2020 (O&M) - 2 - that the case before the trial Court is fixed for 23.12.2020, when the charges the charges are likely to be framed.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioners, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioners are admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE December 18, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.12.18 16:04 I attest to the accuracy and authenticity of this document Chandigarh