Allowed

Laxmi Narain v. State of Haryana

Punjab & Haryana HC6 Mar 2009CRM-M/1058/2009

Case brief

AI extract

What is this about?

Petitioner filed a bail petition after being convicted of serious offenses, bail set aside by High Court on 26.9.2005, and remanded for trial. Trial started but no progress was made. Petitioner has been in custody since 2005. Court noted that his co-accused had similar bail petition dismissed earlier, but unlike him, he has suffered prolonged detention and his co-accused had been awarded death sen

What did the court decide?

Petitioner granted bail to be released on furnishing bail bond of Rs. 1 lac with two sureties of like amount. Trial court directed to complete trial expeditiously.

Laxmi Narain Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2009)

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Cr.Misc. NO. M 1058 of 2009

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Cr.Misc. NO. M 1058 of 2009 DATE OF DECISION 6.3.2009

Laxmi Narain

......PETITIONER

VERSUS

State of Haryana

......RESPONDENTS

PRESENT: Mr.Baldev Singh, Sr. Advocate with Mr.Deepinder Singh, Advocate Mr. PM Anand, Addl.A.G.Hry

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M.M.S.BEDI,J.

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The petitioner is one of the 19 accused, who had faced trial and is one of the 14 persons, who had been awarded imprisonment for life where as 5 others were awarded sentence of death. The petitioner was originally released on bail after 20 days of his detention by the learned Additional Sessions Judge on 26.9.2000. He remained on bail till he was convicted by the trial court on 21.8.2004. The High Court vide order dated 26.9.2005 had set aside the order of conviction passed by the trial court and remanded the case back for trial from the stage of framing of charges. The order of High Court had been upheld by the Supreme Court. One of the eye witnesses,namely, Bir Singh had not supported the case of the prosecution at original stage as well as after the remand of the matter by the High Court. The petitioner has been in custody for the last more than 4 ½ years. A similar petition filed for bail by the co-accused of the petitioner Vijay Pal, who had been awarded death sentence, had been dismissed by this court on 10.9.2008 with a direction to the trial court to expeditiously complete the trial. So far as the petitioner is concerned, he had been

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Cr.Misc. NO. M 1058 of 2009

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awarded lesser sentence than his co-accused, whose petition has been dismissed by this court.

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Without expression of any opinion on merits of the case, it is sufficient to observe that in view of the period of detention suffered by the petitioner for a period of 4 ½ years after his conviction order, which was set aside and the matter having been remanded back by the High court on 26.9.2005, he can be granted the concession of bail.

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The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds in the sum of Rs. 1 lac with two sureties of the like amount to the satisfaction of the trial Court. The trial court will make endeavour to complete the trial expeditiously.

Laxmi Narain v. State of Haryana

Case brief

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Laxmi Narain v. State of Haryana

Case brief

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