High Court of Punjab and HaryanaCRM-M/55387/2019allowed

Raj Kumar @ Kala v. State Of Punjab

2020-06-22Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-55387-2019 Decided on : 22.06.2020 Raj Kumar @ Kala . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Bikramjeet Singh, Advocate for the petitioner(s).

Mr. Amit Mehta, DAG, Punjab.

**** MANJARI NEHRU KAUL , J.

Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through vide conferencing. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 331, dated 19.10.2019, under Sections 306, 34, 201 IPC, registered at Police Station Sadar Mansa. Learned counsel for the petitioner inter alia contends that the deceased had been married to the petitioner for the past 22 years and no complaint, whatsoever, had ever been made by the complainant against the petitioner or his family with regard to any harassment having been meted out to his deceased sister - Kirna Devi. He further contends that the petitioner has been behind bars since 29th October, 2019 and the proceedings before the trial Court are proceeding at a very slow pace.

The trial is unlikely to conclude in the near future, more so, in the prevailing conditions on account of the outbreak of COVID-19. Learned State counsel on the other hand while opposing the prayer for grant of regular bail to the petitioner submits that the charges JAWALA RAM 2020.06.

CRM-M-55387-2019 - 2 - were framed on 07th February, 2020 and the case is now fixed for prosecution evidence. However, due to the outbreak of COVID-19, the prosecution evidence has not yet commenced.

Heard.

Having considered the submissions made by either side, the petitioner has been behind bars admittedly since 29th October, 2019. Hence, no useful purpose would be served in keeping the petitioner behind bars, as the trial would take a considerable time to conclude. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed herein shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE June 22, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.06.23 15:51 I attest to the accuracy and authenticity of this document Chandigarh