Punjab-Haryana High Court
Surender @ Jhanda vs State Of Haryana on 16 November, 2023
REENA
2023:PHHC:145403
209
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-47925-2023
Date of decision:- 16.11.2023
Surender alias Jnanda
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: |§ Mr. Vikas Bishnoi, Advocate
for the petitioner.
Mr. Gurmeet Singh, AAG Haryana
HARPREET SINGH BRAR, J. (Oral)
1. Prayer in the present petition is made for grant of regular bail in case
FIR No. 974 dated 27.11.2021 registered under Sections 147, 148, 149, 307, 427,
420 and 506 of the Indian Penal Code, 1860 and Sections 25, 54 and 59 of Arms
Act, 1959 at Police Station Barwala, District Hisar.
2. Learned counsel for the petitioner inter alia contends that the
petitioner is behind bars since 10.01.2022 and he has suffered incarceration for
more than 01 year and 10 months. As per allegations in the FIR, the injury
is caused on the non-vital part of the body of the complainant and the alleged
occurrence took place at 4.00 p.m., however, the complainant got himself
admitted for treatment at 11.00 p.m. after unexplained delay of seven hours.
Learned counsel for the petitioner further contends that MLR of the victim Sunil
indicates the injury to be self inflicted as well. Similarly situated co-accused was
granted concession of regular bail vide order dated 02.05.2023 passed in CRM-
M-51397-2022.
2023.11.16 17:12
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2023:PHHC:145403
3. Per contra learned State counsel has opposed the grant of regular bail
on the ground that the petitioner is habitual offender and he is involved in 25
cases and does not deserve the concession of regular bail. The complainant is yet
to be examined.
4. Having heard learned counsel for the parties and after perusing the
record of the case with their able assistance, it transpires that the injury in
question for which the offence under Section 307 IPC is added is attributed to the
co-accused-- Surender and the weapon used in offence was also recovered from
his possession and he has already been granted concession of regular bail by this
Court vide order dated 02.05.2023 passed in CRM-M-51397-2022. The petitioner
is behind bars since 10.01.2022 and as per custody certificate he has undergone a
total custody of 01 year, 10 months and 04 days. The investigation is complete
and the charges were framed on 04.02.2023 by the learned trial Court and out of
29 PWs only 7 PWs have been examined so far and the trial is likely to take long
time to concluded.
5. Keeping in view the law laid down by Hon'ble Supreme Court of
India in 'Prabhakar Tewari Vs. State of U.P. and Another', 2020 (1) R.C.R.
(Criminal) 831 and Maulana Mohd. Amir Rashadi vs. State of U.P. and others,
2012(2) SCC 382, the involvement of the petitioner in other cases would not be a
ground to refuse grant of concession of regular bail. Keeping in view the
custody period and other facts and circumstances of the case, the present petition
is allowed. The petitioner is ordered to be released on regular bail, subject to his
furnishing bail/surety bonds to the satisfaction of the CJM/Duty Magistrate
concerned.
6. It is made clear that in case the petitioner is found influencing the
witnesses or threatening the complainant, the State shall be at liberty to seek
2023.11.16 17:12
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2023:PHHC:145403
cancellation of bail granted to the petitioner.
7. Nothing observed hereinabove shall be construed as expression of
opinion of this Court on merits of the case and the trial Court shall proceed
without being prejudiced by observations of this Court.
(HARPREET SINGH BRAR)
JUDGE
November 16, 2023
reena
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
REENA
2023.11.16 17:12
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integrity of this order/ judgment
Chandigarh
