Milan Sood v. State Of Ut Chandigarh

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 18.08.2023 Milan Sood ....Petitioner

Versus

State of U.T. Chandigarh

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Abhaysher Singh, Advocate for the petitioner. Mr. Anupam Bansal, Addl. P.P., U.T., Chandigarh. ***** AMAN CHAUDHARY , J.

1.

Prayer in the present petition filed under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.84, dated 30.06.2022, registered under Sections 302 and 34 IPC at Police Station Mauli Jagran, Chandigarh.

2.

Learned counsel contends that the petitioner is in custody for about 1 year and 2 months. He was not named in the FIR and was implicated on the basis of CCTV footage. The allegations against the petitioner are of having given kicks and blows to the co-accused Jagdish but not to the deceased. The injury caused by a brick to the deceased-Harikesh, has been attributed to the main accused, Balram @ Balla. Co-accused Maninder Singh has been granted regular bail by this Court vide order dated 19.07.2023, Annexure P-1. Challan has been presented, however, charges have not yet been framed. In all there are 26 prosecution witnesses. The petitioner is not involved in any other case. 3.

The custody certificate dated 18.08.2023 has been filed by learned

-2State counsel. As per the same, the petitioner is behind bars for 01 year, 01 months and 17 days.

4.

Learned State counsel opposes the bail on the ground that the petitioner is involved in the fight and actively participated in the commission of offence, wherein Harikesh died on account of injury having been caused on his chest at the hands of the co-accused. He is however unable to controvert the submissions with regard to stage of the case, co-accused has been granted bail and the petitioner is not involved in any other case. 5.

Heard.

6.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 01 year, 01 month and 29 days; not involved in any other case; co-accused has been enlarged on bail; challan stands presented, however, charges have not been framed; out of 26 prosecution witnesses, none has been examined; the trial is likely to take a considerable time, thus his further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed. 7.

As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to him not being required in any other case. The petitioner shall abide by the following conditions:- (i).

The petitioner will not tamper with the evidence during the trial.

(ii).

The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii). The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

-3- (iv). The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

(v).

The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi). The petitioner shall not in any manner misuse his liberty. (vii). The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.

(viii).The petitioner shall not leave the country without prior permission of the trial Court.

(ix). The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. 8.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

9.

In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

(AMAN CHAUDHARY) JUDGE 18.08.2023 Ankur Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No