Ankit v. State Of Punjab

CRM-M-44907-2023 2023:PHHC:124878

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-44907-2023 Decided on: 22.09.2023 Ankit

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Salil Dev Singh Bali, Advocate for the petitioner (through video conferencing). Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 25.10.2021 Naya Gaon, District 452, 427, 323, 324, 148, 149 SAS Nagar, Punjab IPC (Challan presented under Sections 450, 427, 302, 323, 324, 201, 148, 149 IPC) 1.

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2.

Counsel for the petitioner, who is appearing through video conferencing, submits that despite directions given by this Court to expedite the trial vide order dated 08.05.2023 passed in CRM-M-11638-2023, complainant is intentionally delaying the trial by not appearing. He further submits that some of the material eyewitness have not supported the prosecution's case and 15 witnesses are yet to be examined. It is also stated that petitioner is in custody approximately from the last two years. 3.

Status report by the State has been handed over in the Court and the same is taken on record. State counsel submits that this Court cannot appreciate the evidence, even the absence of complainant is intentionally or not, cannot be judged before this Court.

4.

Given above and in the entirety of facts and circumstances of the case that some material witnesses have not supported the prosecution version, petitioner is permitted ANJU RANI 2023.09.22 15:51 I attest to the accuracy and integrity of this document

CRM-M-44907-2023 2023:PHHC:124878 to file fresh application for bail before the trial Court and raise all these points in the said application. It is clarified that in case such application is filed, the trial Court shall decide the same within 15 days from filing of the application. It is further clarified that the trial Court shall not be influenced by any observation made in the previous bail orders of rejection passed either by this Court or by the Sessions Court. 5.

Petition is disposed of with the aforesaid observations. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 22.09.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.09.22 15:51 I attest to the accuracy and integrity of this document