Manish v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:135495 CRM-M-51758-2023 Date of decision: October 17th, 2023 Manish .....Petitioner

Versus

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

Present:

Mr. Manoj Tanwar, Advocate for the petitioner.

Mr. Rahul Mohan, Senior Deputy Advocate General, Haryana MANJARI NEHRU KAUL, J. (ORAL) This is a third petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in case FIR No.159 dated 12.10.2018 registered under Sections 307, 332, 353, 186 of the IPC and Section 25 of the Arms Act, 1959, at Police Station Sadar Rewari.

2.

Learned counsel for the petitioner submits that despite the petitioner having been arrested on 12.10.2018, the trial had not concluded and on this ground alone, he deserved to be extended the concession of bail.

3.

On a pointed query put to the learned counsel as to what was the material change in circumstances after the withdrawal of the previous petition on 28.07.2023, he has submitted that the trial had not progressed despite the fact that all the remaining prosecution witnesses were formal in nature.

4.

Learned State counsel while opposing the prayer and submissions made by the counsel opposite, has submitted that the delay PUNEET SACHDEVA 2023.10.18 15:36 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-51758-2023 -2in the conclusion of the trial has also been on account of the fact that the petitioner had been extended the concession of bail by the trial Court vide order dated 11.04.2019, however, he had jumped bail, as a result of which his bail was cancelled. Learned State counsel, on further instructions, has also informed the Court that the trial is nearing conclusion as only four prosecution witnesses out of the 12 cited remain to be examined and they all are formal in nature. 5.

I have heard learned counsel for the parties and perused the relevant material on record.

6.

In the wake of the submissions made by the learned State counsel, this Court is not inclined to extend the concession of bail to the petitioner as in all likelihood, the trial would conclude very shortly. 7.

The instant petition, therefore, stands dismissed. 8.

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.

9.

At this stage, a prayer has been made by learned counsel for the petitioner, directions be issued to the trial Court to expedite the trial and conclude it expeditiously.

10.

The trial Court would make an endeavour to expedite and conclude the trial within a period of three months from today since the petitioner has been in custody for a considerable long period of time. October 17th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.10.18 15:36 I attest to the accuracy and integrity of this document.

Chandigarh