This bail petition under Sec. 439 Cr.P.C. challenging FIR regarding attack on police was dismissed as devoid of merit due to serious allegations, while trial was directed to be expedited.
Bail application dismissed; trial Court directed to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
Crl.M.No.M-13330 of 2013(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-13330 of 2013(O&M) Date of Decision: May 8, 2013
Ali Mohd. alias Ali
.....Petitioner
v.
The State of Haryana
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Gautam Dutt, Advocate for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No.196, dated 9.6.2009, under Sections 332, 353, 186, 224, 395, 397, 307 IPC and under Section 25 of the Arms Act, registered at Police Station Punhana District Mewat.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Nuh, vide which application filed on behalf of the present petitioner for bail was dismissed.
This is third application for bail filed on behalf of the petitioner-accused. His first bail application was got dismissed as withdrawn vide order dated 1.3.2012 passed in Crl.M.No.M-32023 of 2011. Second application was dismissed on merit vide order dated 7.8.2012 passed in Crl.M.No.M-22817 of 2012.
Briefly stated, there are very serious allegations against petitioner-accused. He alongwith co-accused stopped a police vehicle in which a proclaimed offender, namely, Ikram was being taken. Petitioner and co-accused were armed with deadly weapons. ASI Samsudin and Constable Baldev Singh were even dragged from police vehicle by all of them. They got released Ikram from the custody of the police. One of them also fired upon the police party. Thereafter they managed to escape alongwith Ikram. They had also taken away Government rifle of Constable
Crl.M.No.M-13330 of 2013(O&M)
-2-
Baldev.
It has been contended by learned counsel for the petitioneraccused that he has been continuing in custody since 22.11.2010 and that trial is not proceeding further as two of the co-accused were not appearing before the Court and that now they have been declared proclaimed offenders.
However, in view of the very serious allegations against petitioner-accused, it is not such a case in which bail should be granted to him.
Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Ali Mohd. alias Ali for grant of bail is, hereby, dismissed being devoid of any merit.
However, learned trial Court is directed to expedite the trial by giving short adjournments as petitioner has been continuing in custody since 22.11.2010.
Registry is directed to send copy of this order to learned trial Court for strict compliance.
Progress report of the case be also called.
8.5.2013 (Ram Chand Gupta) meenu Judge
1 issue framed by the court
Whether bail should be granted to the petitioner in view of serious allegations including attacking police and liberating a proclaimed offender.
1 provisions across 1 enactments
Ali Mohd. alias Ali
The State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
