The court granted bail to the petitioner, Satish Kumar, accused of murder and culpable homicide in an FIR dated 13.10.2010, deeming the delay and new proceedings as appropriate grounds.
Regular bail granted to the petitioner, surrender to Trial Court or Duty Magistrate, Karnal.
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Crl. Misc No. M 12465 OF 2011
Satish Kumar vs State of Haryana
Present : Mr. Ashit Malik, Advocate for the petitioner.
Ms. Preeti Chaudhary, AAG Haryana
The petitioner seeks grant of regular bail in case FIR No.581, dated 13.10.2010, registered under Sections 148, 323, 324, 325, 307, 302/149 of the IPC, at Police Station Sadar Karnal, District Karnal.
Counsel for the petitioner has argued that the petitioner has now been in custody since October 2010 and that no specific injury has been attributed by the petitioner on the deceased but he has been accused for causing a simple injury to one of the other persons. He has further argued that now an application under Section 319 of the Cr.P.C has been allowed, as a result of which trial is likely to be further delayed because now denovo proceedings have started against additional accused persons.
Counsel for the respondent, on instructions from ASI Manjit Singh, has accepted these factual assertions.
In these circumstances, I deem it appropriate to grant the concession of bail to the petitioner. Bail to the satisfaction of trial Court/Duty Magistrate, Karnal.
Petition stands disposed of.
( AJAY TEWARI ) August 18, 2011. JUDGE `kk'
2 issues framed by the court
Whether bail should be granted to the petitioner in murder and culpable homicide charges pending regular consideration.
Whether the delay in trial justifying bail is established due to denovo proceedings started under Section 319 Cr.P.C.
2 provisions across 2 enactments
Satish Kumar
State of Haryana
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
