Anil Alias Mota Alias Anil Kumar v. State Of Haryana
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Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.86, dated 20.02.2023, under Sections 302, 307, 34 of IPC and Section 25 of Arms Act (Section 120-B IPC added lateron), registered at Police Station Sector 13-17 Panipat, District Panipat. $
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. Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that neither the petitioner is named in the FIR nor any overt act has been attributed to him. (
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He, on instructions, has submitted that out of total 27 prosecution witnesses, 19
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witnesses already stand examined. He has endorsed the fact that co-accused is on bail. He has produced custody certificate of the petitioner today in the Court, which is taken on record.
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5 ! ustody certificate produced would show that petitioner has suffered incarceration of 02 years, 11 months and 19 days as on 18.02.2026. It further reflects that though the petitioner is involved in one more case, however, he has already undergone the sentence awarded to him.
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The Hon'ble Supreme Court in Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya Vs. National Investigation Agency, 2022(1) SCC 695 has held as under:
"Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21 of the Constitution of India. While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long. At the same time, timely delivery of justice is part of human rights and denial of speedy justice is a threat to public confidence in the administration of justice."
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