High Court of Punjab and HaryanaCRM-M/44538/2021dismissed

Tony v. State Of Punjab

2021-11-10Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-44538-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-44538-2021 Decided on : 10.11.2021 Tony ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Neeraj Jain, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

**** Manjari Nehru Kaul, J.(Oral) This is the second petition under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.261 dated 27.11.2019 under Sections 376, 323, 34, 379-B and 120-B IPC registered at Police Station Jagraon District Ludhiana.

Learned counsel for the petitioner has failed to bring to the notice of this Court any material change in the circumstances, which would warrant acceptance of the instant petition subsequent to the withdrawal of the previous petition i.e. CRM-M-14282-2020 on 31.08.2021. He has submitted that co-accused Dharminder Singh and Rahul Singh have already been extended the concession of bail by trial Court as well as this Court vide orders dated 27.08.2021 and 31.08.2021 respectively. He further submits that the petitioner is in custody since 16.11.2020 and since there is no likelihood of the trial concluding in the near future, he may be extended SONIA BURA 2021.11.11 14:11 I attest to the accuracy and integrity of this document chandigarh

CRM-M-44538-2021 -2the concession of bail.

Heard.

Though learned counsel for the petitioner submitted that coaccused Dharminder Singh and Rahul Singh had been extended the concession of bail by trial Court as well as this Court vide orders dated 27.08.2021 and 31.08.2021 respectively, however the case of the petitioner was not at par with the co-accused as he is a man of criminal antecedents being involved in two more cases of similar nature out of which one was committed after the case in question.

In the wake of the criminal antecedents of the petitioner, the petitioner does not deserve the concession of bail. The present petition stands dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. At this stage, learned counsel submits that as the petitioner has been in custody since 16.11.2020, directions be issued to the trial Court to expedite the trial and conclude the same expeditiously. The trial Court is directed to make earnest efforts to expedite the trial and conclude the same expeditiously preferably within four months. (MANJARI NEHRU KAUL) JUDGE 10.11.2021 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.11.11 14:11 I attest to the accuracy and integrity of this document chandigarh