The High Court granted regular bail to the petitioner in a criminal case involving alleged injury and arguments over applicability of IPC Section 307, noting long incarceration and delayed trial, without adjudicating merits.
Petitioner ordered to be released on regular bail to the satisfaction of the trial Court.
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.
���������������������������������������� ��������������
������������������������
Date of decision: 31st August, 2015
Devender @ Mintu
� Petitioner
Versus
State of Haryana
� Respondent
����������� �!��������"����������������"�����
Present: Mr. J.S. Bedi, Senior Advocate with
Mr. Deepak Sabharwal, Addl. Advocate General, Haryana.
�����������"����#����$���!%
Allegations against the present petitioner Devender @ Mintu in this petition filed under Section 439 Cr.P.C. seeking regular bail in case FIR No.895 dated 26.12.2014 registered at Police Station Jhajjar, District Jhajjar under Sections 323/452/307/34 IPC and Section 25 of the Arms Act, are that on 26.12.2014 he had fired a shot hitting Manish, brother of the complainant.
Contentions of learned counsel representing the petitioner Mr.J.S. Bedi, Senior Advocate assisted by Mr. Sandeep Gahlawat,
RATTAN PAL SINGH 2015.09.01 13:20 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
2
����������������������
Advocate that the petitioner is in custody since 07.01.2015 and that trial is not likely to conclude in near future and that the very applicability of Section 307 IPC is a moot issue which can only be decided during trial, though are sought to be opposed with much force and vehemence on behalf of the State by Mr. Deepak Sabharwal, Addl. Advocate General, Haryana contending that charges have already been framed against the petitioner.
However, keeping in view that the petitioner has already undergone incarceration for almost eight months and that the trial will take a long time to conclude, this Court without adverting onto the merits is of the opinion that further detention of the petitioner in the present case is not warranted. Accordingly, he is ordered to be released on regular bail to the satisfaction of trial Court.
The present petition stands disposed off accordingly.
$�����������"����%� ������
�&'&()���#������ ���
RATTAN PAL SINGH 2015.09.01 13:20 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
2 provisions across 2 enactments
Devender @ Mintu
State of Haryana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
