Annu vs State Of Haryana
2023 Latest Caselaw 12520 P&H

PARVEEN KUMAR
2023.08.16 19:46

2023:PHHC:103707
-1-
CRM-M-58562-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-58562-2022
Date of decision: 09.08.2023

ANNU
...Petitioner

Versus
STATE OF HARYANA
keene Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:- Mr. V.B.Godara, Advocate, for the petitioner.

Mr. Rupinder Singh Jhand, Addl. A. G. Haryana.

HARNARESH SINGH GILL, J. (QRAL)

1. Through this petition, the petitioner seeks regular bail in case FIR No.311 dated 01.08.2019, registered at Police Station Azad Nagar, Hisar, District Hisar, under Sections 147, 148, 149, 307, 323, 302, 303, 109, 120-B and 180 IPC.

2. Status report dated 10/17.07.2023 by way of affidavit of the Deputy Superintendent of Police, Headquarters, Hisar, filed in the Registry, is taken on record.

3. As per the prosecution version, the petitioner and the co- accused had committed the murder of one Ravinder and caused injuries to Talwinder and Harjeet in the jail premises.

4. Learned counsel for the petitioner contends that the petitioner was not named in the FIR, but has been indicted on the disclosure

statement of the co-accused; that as per the prosecution version, it was co-

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PARVEEN KUMAR 2023.08.16 19:46

2023: PHHC: 103707 CRM-M-58562-2022 * accused, namely, Jagdeep @ Dukhi and Pawan @ Poni, who had attacked upon deceased-Ravinder with awl (sua) and the petitioner has been allegedly attributed kick and fist blows to Ravinder (since deceased) and injured, namely, Talwinder and Harjeet; that the petitioner has been in custody since 17.09.2019, and that out of 41 prosecution witnesses, none has been examined so far. It is further submitted that co-accused, namely, Ravinder, Binder, Krishan @ Boxer stand enlarged on bail by this Court. So far as other cases registered or pending against the petitioner, are concermed, he is facing trial in 05 cases whereas he has been convicted in 01 case. It is further submitted that merely on the basis of criminal antecedents, the claim of the petitioner cannot be rejected. In support of his contentions, learned counsel relies upon the judgments rendered by the

Hon'ble Supreme Court in Criminal Appeal No.159 of 2012, titled as

"Maulana Mohd. Amir Rashadi Vs. State of U.P. and another, decided on

16.01.2012, and 'Prabhakar Tewari vs. State of U.P & Anr., Law Finder

Docld#1670858.

5. On the other hand, learned State counsel, while opposing the grant of bail to the petitioner, submits that the petitioner had actively participated in the occurrence and that the petitioner being accused of the offence under Section 302 IPC, is not entitled to the concession of bail.

6. I have heard the learned counsel for the parties.

7. The petitioner was not named in the FIR, but has been indicted on the disclosure statement of the co-accused. Only kick and fist blows on the person of Ravinder (since deceased) and injured, namely, Talwinder

and Harjeet, have been attributed to the petitioner. As stated above, co-

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2023: PHHC: 103707 CRM-M-58562-2022 ~ accused, namely, Ravinder, Binder, Krishan @ Boxer stand enlarged on bail by this Court. So far as other cases registered or pending against the petitioner, are concerned, he is facing trial in 05 cases whereas he has been convicted in 01 case. Moreover, pendency of several criminal cases by

itself is not ground to refuse the prayer for bail and in this regard reference

is made to Prabhakar Tewari's case (supra).

8. The petitioner has been in custody since 17.09.2019. Out of 41 prosecution witnesses, none has been examined so far. Trial is unlikely to conclude any time soon. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.

9. In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his

furnishing bail and surety bonds to the satisfaction of the learned trial

Court/Duty Magistrate.

09.08.2023 (HARNARESH SINGH GILL) parveen kumar JUDGE

Whether reasoned/speaking? Yes/No

Whether reportable? Yes/No

PARVEEN KUMAR

2023.08.16 19:46

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