Rinku v. Stte Of Haryana

Crl. Misc.M-36672 of 2020

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH (Heard through Video Conferencing) Crl. Misc. M-36672 of 2020 (O&M) Date of Decision: 11.11.2020 Rinku

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Hardial Singh Batth, Advocate for the petitioner.

Mr. Rajiv Goyal, DAG, Haryana.

JAISHREE THAKUR, J. (Oral) The instant petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 711 dated 28.7.2017, under Sections 148, 149, 323, 342 IPC registered at Police Station City Jind, District Jind. Learned counsel for the petitioner herein contends that the petitioner had been appearing before the trial court on each and every date, however, he could not appear on 3.6.2019 and as such his bail was cancelled and it is thereafter the petitioner surrendered on 24.7.2019 and he is in custody since then. It is also contended that no further investigation is required in the matter, since the challan has already been presented and the trial is underway and therefore, the petitioner be granted concession of bail.

Crl. Misc.M-36672 of 2020 Per contra, learned counsel appearing on behalf of respondentState, opposes the bail on the ground that the petitioner misused the concession of the bail already granted to him as he did not appear before the trial court on 3.6.2019.

After hearing the learned counsel for the parties and keeping in view the fact that the petitioner had already been granted bail, but he could not appear on one of the dates, this Court does not find any reason to decline the prayer as the trial is likely to consume considerable time, particularly in the wake of outbreak of global pandemic, namely, COVID-19 in the region as certain restrictions have been imposed by State Government and District Administration in order to curb its spread. Resultantly, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail in the above case, subject to his furnishing requisite bail bonds/surety bonds to the tune of `25,000/- to the satisfaction of the concerned trial Court/Duty Magistrate.

The petition is allowed.

11.11.2020 (JAISHREE THAKUR) prem JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No