Short bail order granting regular bail to petitioner, an elderly asthma patient, subject to heavy surety to prevent recurrence of bail jumping, despite his surrender after missing hearings.
Petitioner released on regular bail with heavy surety.
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CRM-M No. 1762 of 2011
Jai Narain vs. State of Haryana
Present: Mr. Sandeep Gehlawat, Advocate for the petitioner.
This is a petition for regular bail filed in case bearing FIR No. 28 dated 23.1.2008, under Sections 148, 149, 153-A, 427, 436, 395, 353, 186, 188 IPC and Section 3 of the Explosive Act, registered at Police Station Civil Lines, Rohtak.
Learned counsel states that the petitioner was released on regular bail on 26.03.2008 and was regularly attending the hearings but since he is 66 years old and is an asthma patient could not appear on 09.03.2010. Thereafter he surrendered on 09.07.2010. He has now been in custody since 21.07.2010.
Learned DAG, on the contrary has argued that keeping in view his past conduct there is a reasonable chance that the petitioner may not jump bail again.
In my opinion the petitioner has learnt his lesson but to avoid any chance of recurrence it would be more appropriate if the order of bail is granted to the petitioner only with heavy surety. Let the trial Court release the petitioner on bail in the above terms.
Petition stands disposed of.
( AJAY TEWARI ) JUDGE
February 22, 2011 sunita
2 issues framed by the court
Whether bail should be granted to an elderly asthma patient who surrendered after a significant absence from court proceedings.
Whether heavy surety is necessary to prevent a repeat of bail jumping given the petitioner's past conduct.
Jai Narain
State of Haryana
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
