Punjab-Haryana High Court
Manjinder Singh Alias Jinda vs State Of Haryana on 26 April, 2023
2023:PHHC:059041
209
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cri. Misc. No. M-46237 of 2022
Date of Decision: April 26, 2023
Manjinder Singh @ Jinda
desees Petitioner
versus
State of Haryana
seve Respondent
CORAM: HON'BLE MR.JUSTICE SUDHIR MITTAL
kK
Present: Mr. Namit Khurana, Advocate
for the petitioner
Mr. Himmat Singh, DAG Haryana
Mr. Sandeep Saini, Advocate
for the complainant
36 2 2
Sudhir Mittal, J. (Oral)
The petitioner seeks grant of regular bail in case FIR No. 111 dated
01.05.2022, registered at Police Station Sadhaura, District Yamuna Nagar, under
Sections 148, 149, 323, 324, 307, 452, 506 IPC (Sections 325, 120-B IPC and
Section 25 of the Arms Act, 1959 added later on).
Learned counsel for the petitioner has submitted that on 31.03.2023
the trial Court has deprecated the conduct of the complainant who is absconding
despite issuance of warrants of arrest. He could not be apprehended resulting in
delay of the trial on account of non-recording of evidence of prosecution witnesses.
A photocopy of order dated 31.03.2023 as well as order dated 21.04.2023 passed
by the trial Court have been handed over in the Court in support of the submission.
Thus, it has been argued that the complainant is deliberately delaying
reena _ the trial just to ensure that the petitioner is denied the concession of regular bail.
Tattest to the accuracy and
integrity of this order/ judgment
Chandigarh
2023:PHHC:059041
Learned counsel for the complainant submits that the complainant has
failed to appear because he fears for his life and liberty.
Custody certificate dated 24.04.2023 digitally signed by
Sh. Bhupender, Deputy Superintendent, District Prison, Yamuna Nagar has been
filed in Court. The same is taken on record. A perusal thereof shows that the
petitioner has undergone actual custody of 11 months and 18 days and there is one
more criminal case pending against him in which he is on bail.
Learned State counsel concedes that examination of PWs has not yet
commenced.
From the submissions of learned counsel for the parties, it is evident
that the complainant is avoiding to depose before the trial Court so that the bail
application of the petitioner is delayed. The petitioner has been in custody for 11
months and 18 days and the trial is not likely to be conduced at an early date, thus,
I deem it appropriate to grant regular bail to the petitioner. The petition is allowed
and the petitioner is directed to be released on bail on his furnishing bail and surety
bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.
April 26, 2023 [SUDHIR MITTAL]
reena JUDGE
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
REENA
2023.04.26 15:47
| attest to the accuracy and
integrity of this order/ judgment
Chandigarh
