Disposed

Ashok v. State of Haryana

Punjab & Haryana HC14 Dec 2012CRM-M/24821/2012

Case brief

AI extract

What is this about?

The High Court disposed of the bail petition without expressing opinions on culpability. It directed the trial court to conclude the trial within six months; otherwise, the petitioner must be released on bail upon furnishing bonds to the trial court's satisfaction.

What did the court decide?

Petition disposed of; direction issued for trial to conclude within six months, otherwise petitioner to be released on bail.

Ashok Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2012)

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CRM M-24821 of 2012 (O&M) [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH.

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CRM M-24821 of 2012 (O&M)

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Date of Decision: December 14, 2012

Ashok

…..Petitioner

Vs.

State of Haryana

…..Respondent

CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.

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-.-

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Present:Mr.Sanjeev Sheoran, Advocate for the petitioner.

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Ms. Shalini Attri, DAG, Haryana.

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-.-

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M.M.S. BEDI, J. (ORAL)

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Petitioner seeks the concession of regular bail in a case registered on the basis of secret information by the police to the effect that petitioner alongwith other boys armed with ammunition in their white cars would be going to Village Bhatgaon in order to commit the murder of Kuldeep, and his family members and in case nakabandi is held they could be apprehended alongwith arms and ammunition. Pursuant to the said information, the police deputed a naka constituted for said purpose made an

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CRM M-24821 of 2012 (O&M) [2]

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attempt to stop the cars but by violating the signals the fires were shot at police party with an intention to kill the police officials. 5 persons in custody are facing trial, two being proclaimed offenders.

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The petition for bail has been opposed, inter-alia on the ground that the petitioner is involved in other similar cases and that chances of absconding cannot be ruled out in case the bail is granted.

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I have heard counsel for the petitioner and gone through the record. It is apparent that the petitioner has been in custody for the last more than 1 year w.e.f. September 28, 2011 but no witness has been examined despite the fact that the prosecution witnesses are official/ police witnesses. The petitioner has been acquitted in another case registered under Sections 395/397 IPC in FIR No.415 dated July 29, 2010 by Sessions Judge, Panipat on October 15, 2011, on the complainant having turned hostile. The petitioner stands convicted in a case under Section 304 Part I IPC but his sentence stands suspended. Another criminal case under Section 395 IPC is pending trial against the petitioner.

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Taking into consideration the totality of the circumstances, without expression of any opinion regarding the culpability of the petitioner, I deem it appropriate in the interest of justice to dispose of this petition at this stage with a direction that the trial Court will conclude the trial within a period of six months after the next date of hearing fixed before it or w.e.f. the date, the order is communicated to the trial Court, whichever is later. In case the trial is not concluded, the trial Court will release the petitioner on

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CRM M-24821 of 2012 (O&M) [3]

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bail on his furnishing bail bonds to the satisfaction of the said Court on filing an application for bail. Copy of the order be communicated to the trial Court by the Registry.

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Disposed of. December 14 , 2012 (M.M.S.BEDI) sanjay JUDGE

Ashok v. State of Haryana

Case brief

What is this about?

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Ashok v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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