Allowed

Mahipal @Chottu v. State of Haryana

Punjab & Haryana HC26 Aug 2014CRM-M/27652/2014

Case brief

AI extract

What is this about?

Single-judge High Court bail petition allowing release on regular bail. Court noted petitioner met 2-year incarceration despite incomplete prosecution evidence, likened co-accused bail, and had no other cases, permitting release subject to bonds. No reference to precedent.

What did the court decide?

Petitioner ordered to be released on bail during trial pending, subject to furnishing bonds of 200000 with two sureties of same amount.

Mahipal @Chottu Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2014)

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CRM-M-27652-2014 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-27652-2014 (O&M)

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Date of Decision: August 26, 2014

Mahipal @ Chottu

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr. Surinder Gaur, Advocate, for the petitioner.

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Ms. Hemlata Balhara, AAG, Haryana, for the respondent.

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NARESH KUMAR SANGHI, J. (Oral)

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Prayer in this petition is for grant of regular bail to the petitioner, Mahipal @ Chottu, son of Satya Narayan, resident of village Bhadani, District Jhajjar, who has been booked for having committed the offences punishable under Sections 397 and 392, IPC, and Section 25 of the Arms Act, in a case arising out of FIR No. 198, dated 27.7.2011, registered at Police Station, Kalanaur, District Rohtak.

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Learned counsel contends that the petitioner is behind the bars from 1.6.2012; in spite of the fact that the petitioner has suffered incarceration for more than two years, the prosecution has not been able to conclude its entire evidence; the similar situate co-accused of the petitioner has already been granted bail by the learned Trial Court vide order dated 25.10.2013; the petitioner is neither required nor involved in any other case; and that the trial would still take sufficient long time to conclude,

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PRASHANT KAPOOR 2014.08.26 16:27 I attest to the accuracy of this order.

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CRM-M-27652-2014 (O&M)

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therefore, further incarceration of the petitioner is not justified. 3. The prayer has been opposed by the learned counsel for the State.

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I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

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It is second application seeking grant of bail. The earlier one was withdrawn on 4.9.2013. The petitioner is stated to be in custody since 1.6.2012 and in spite of the long incarceration of the petitioner, the prosecution has not been able to conclude its entire evidence. The similar situate co-accused, namely, Ajay, has already been released on bail by the learned Trial Court. The petitioner is neither required nor involved in any other case.

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Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. The petitioner, Mahipal @ Chottu, son of Satya Narayan, resident of village Bhadani, District Jhajjar, is ordered to be released on bail during the pendency of the trial of the present case, subject to his furnishing bail bonds in the sum of `2,00,000/- with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Rohtak.

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August 26, 2014 Pkapoor

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(NARESH KUMAR SANGHI) JUDGE

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PRASHANT KAPOOR 2014.08.26 16:27 I attest to the accuracy of this order.

Mahipal @Chottu v. State of Haryana

Case brief

What is this about?

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Mahipal @Chottu v. State of Haryana

Case brief

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