Ashok Kumar @ Shoki v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH **** CRM-M-56626-2024 Date of Decision.:20.11.2024 Ashok Kumar @ Shoki .....Pe11oner Vs.
State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Harlove Singh Rajput, Legal Aid Counsel for the pe oner.
Mr. R.K.S. Brar, Addl. AG, Haryana.
**** DEEPAK GUPTA, J. (ORAL) By way of this pe on filed under Sec on 483 of the Bhara ya Nagrarik Suraksha Sanhita, 2023 (old Sec on 439 Cr.P.C.), pe oner prays for his release on regular bail in case FIR No.244 dated 31.05.2019 under Sec ons 302, 148, 149, 341 and 120-B IPC and Sec on 25 of Arms Act (Act N: 54 of 1959), registered at Police Sta on Kaithal City, District Kaithal. 2.
It is his second pe on. The earlier pe on bearing No.CRM-M-39279-2023 was dismissed by this Court on 05.04.2024 vide Annexure P-7.
3.
Conten on of learned counsel for the pe oner is that ever since the dismissal of the earlier pe on, the custody period of the pe oner has exceeded 05 years and that trial may take me to conclude. 4.
While dismissing the earlier bail pe on vide Annexure P-7 on NEETIKA TUTEJA 2024.11.21 17:23 I am approving this document
CRM-M-56626-2024 05.04.2024, it was no ced by this court that pe oner had been earlier granted the concession of regular bail by the trial Court but on the pe on filed by complainant, the regular bail was cancelled by this High Court vide order dated 09.11.2020 passed in CRM-M-22805-2020 (Annexure P-5). That order of this Court was challenged by the pe oner before Hon'ble Supreme Court but his SLP was dismissed on 15.12.2020 (Annexure P-4) with liberty to the pe oner to apply for bail a>er evidence of the complainant.
5.
Therea>er, the pe oner had applied for bail before this Court and a>er considering all his conten ons, the same was dismissed on 05.04.2024.
6.
Learned counsel for the pe oner could not point out towards any change in the circumstances except the fact that his custody period has now extended to more than 05 years. This in itself cannot be a ground to grant bail to the pe oner, having regard to the gravity of the offence and circumstances against him as were no ced in the earlier order (Annexure P-7).
Dismissed.
( DEEPAK GUPTA ) JUDGE November 20, 2024 Nee ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2024.11.21 17:23 I am approving this document