The High Court of Punjab and Haryana allowed regular bail for the petitioner accused in an FIR involving attempted murder and arms offences. Based on simple injuries to the complainant and pending trial, bail was granted to the satisfaction of the CJM/Duty Magistrate.
Regular bail allowed to the satisfaction of the CJM/Duty Magistrate, Palwal.
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.
CRM No.M-26498 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 26498 of 2013(O&M) Date of Decision: October 21, 2013.
Dharmender
...... PETITIONER(s)
Versus
State of Haryana
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Jangvir Singh Hooda, Advocate, for the petitioner.
Mr. Raja Sharma, AAG, Haryana.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no. 22 dated 09.02.2012, under Sections 307/120B IPC and Section 25 of the Arms Act, 1959, registered at police station Chandhat, Palwal.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Faridabad dismissing bail application filed on behalf of the petitioner.
Singh Omkar 2013.10.22 10:42 I attest to the accuracy and integrity of this document High Court, Chandigarh
CRM No.M-26498 of 2013
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It has been contended by learned counsel for petitioner-accused that alleged injuries received by complainant are simple on both the hands with one shot. It is further contended that he has been continuing in custody since 13.02.2012 and trial has not been concluded so far. It is further submitted that despite order dated 10.12.2012 passed by this Court in Criminal Misc. No.M-38523 of 2012, no substantial progress has been made in the trial as only four witnesses have been examined so far.
This factual position has not been disputed by learned counsel for the State, on instruction from ASI Dharam Pal.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Dharmender is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Palwal.
October 21, 2013. ‘om’
( RAM CHAND GUPTA ) JUDGE
Singh Omkar 2013.10.22 10:42 I attest to the accuracy and integrity of this document High Court, Chandigarh
2 issues framed by the court
Whether regular bail should be granted to the petitioner accused when injuries are simple and trial remains inconclusive for six months.
Whether the facts warrant keeping the petitioner in custody given the lack of likelihood to abscond or tamper with witnesses.
1 provisions across 1 enactments
Dharmender
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
