HC granted bail to an accused, who had already suffered the length of incarceration [Read Order]

The High Court of Punjab and Haryana, in the case of Anil Kumar @Neeta v. State of UT, Chandigarh comprising of Justice Tejinder Singh Dhindsa granted bail to an accused stating that the trial would take time to conclude due to COVID-19 situation as the trial proceedings are being adjourned from time to time and coupled with the length of incarceration already suffered by the petitioner.

FACTS

Deceased who was alleged to have been attacked with a hammer by the accused and having succumbed to her injuries.

The sole eye-witness introduced by the prosecution i.e. complainant Parkash Bahadur already stands examined as PW1 and has not supported the prosecution version. Even though, it was the complainant's version that certain other relatives of the deceased had come present at the site and it is only thereafter that the assailant/accused/petitioner had run away yet out of the 25 prosecution witnesses cited by the prosecution, no such prosecution witness has been cited to support such version. Even the brother of the deceased has been examined as PW2 and has not supported the prosecution version.

ISSUE

Petitioner seeks the benefit of regular bail pending trial in FIR No.443 dated 20.11.2018, under Section 452, 307 and 302 IPC, registered at Police Station 39, Chandigarh.

Court Order

The Court stated that the “trial would take time to conclude. This would be more so on account of the current Covid-19 situation where the trial proceedings are being adjourned from time to time and coupled with the length of incarceration already suffered by the petitioner, he is held entitled to the benefit of bail.”

Further, the court stated that the “Petitioner be enlarged on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, Chandigarh.”

Read Order @Latestlaws.com