Shyambir @ Babu v. State Of Haryana





IN THE HIGH COURT OF PUNJAB AND HARYANA

  

 


  











  

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₹20,00,000/- from the complainant. It was stated in the letters that in case the demand was not fulfilled, the complainant Devender Kumar Gupta, his son Tarun Gupta and daughter-in-law Anita Gupta would be killed. The matter was reported to the police and the FIR was registered. The present petitioner was arrested on 02.09.2022.

3.

Learned counsel for the petitioner has submitted that the




petitioner has been falsely implicated. He further submits that the petitioner is in custody since 02.09.2022; more than 8 months have elapsed; out of a total of 13 witnesses, only two witnesses have been examined and, therefore, trial will take sufficiently a long time. Learned counsel further submits that even otherwise a compromise has been arrived at between the petitioner and the complainant and a petition for quashing of FIR on the basis of compromise i.e. CRM-M-26175-2023 titled as Shyambir @ Babu Vs. State of Haryana and Another has been filed in which even statements of the parties have been recorded before the trial Court and now the matter is fixed for hearing on 17.07.2023. Learned counsel submits that no useful purpose would be served by keeping the petitioner in custody any longer. 4.

On the other hand, learned counsel representing the State of Haryana has opposed the bail petition. However, the custody period of 8 months and 25 days is stated to have been undergone by the petitioner as per the custody certificate filed in the Court today. As per the custody certificate, no other case stand registered against the petitioner. 5.

I have considered the submissions made by learned counsel for the parties.

6.

The petitioner is in custody for the last more than 8 months. Out of a total of 13 witnesses, 2 witnesses have yet been examined meaning thereby that the trial will take a sufficiently long time to conclude. Though the parties having arrived at a compromise is not of much consequence as the offences are non-compoundable but the fact that cannot be lost sight of is that a petition for quashing of FIR on the basis of compromise already stands filed and in pursuance of the orders passed in CRM-M-26175-2023 titled as Shyambir @ Babu Vs. State of Haryana and Another, statements of the



parties have already been recorded and the matter is now listed on 17.07.2023. In the considered opinion of this Court, no useful purpose would be served by keeping the petitioner in custody any longer who is already in custody for the last more than 8 months, the petitioner is not known to be a previous offender. In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate Faridabad. ( % 

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