An application seeking regular bail under sections 436, 302, 34, 120-B IPC was allowed. The court observed that the complainant died and prosecution witnesses turned hostile, meaning no useful purpose would be served in continued custody.
Petitioner released on bail by furnishing bonds to the satisfaction of the trial Court/Duty Magistrate.
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CRM-M No. 16595 of 2020 (O&M)
-1-
In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 16595 of 2020 (O&M) Date of Decision: 14.7.2020
Subhash @ Bossiya
......Petitioner
Versus
State of Haryana
......Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Madan Pal, Advocate for the petitioner.
Mr. Sukhdeep Parmar, DAG, Haryana.
HARNARESH SINGH GILL, J. (ORAL)
CRM-14418-2020
Case is being taken up for hearing through video conferencing.
This is an application for exemption for filing the certified copy and typed copy of Annexures P-1 to P-8.
The application is allowed as prayed for.
CRM-M-16595-2020
The petitioner seeks regular bail in FIR No. 116 dated 22.5.2019 under Sections 436/302/34/120-B and 216 IPC registered at Police Station Sadar Narnaul, District Mohindergarh.
Learned counsel for the petitioner submits that complainant Om Parkash is no more and PW-1 Billu @ Balwant Singh, PW-2 Krishan Kumar and PW-3 Dharmender have resiled from their earlier statements GURPREET SINGH 2020.07.14 15:23I attest to the accuracy andhave been declared hostile. Moreover, two accused namely Dharamveer and integrity of this document Chadigarh
CRM-M No. 16595 of 2020 (O&M) -2-
Roop Chand have been granted regular bail by this Court vide Annexures P-6 and P-7, respectively. He further submits that petitioner has been in custody since 17.8.2019.
Learned State counsel, who is assisted by SI Sajjan Singh, has not disputed that three prosecution witnesses have resiled and complainant Om Parkash has passed away.
In the present case, complainant Om Parkash has died and three prosecution witnesses have been declared hostile. The petitioner has been in custody since 17.8.2019. The trial will take time to conclude. No useful purpose would be served by keeping the petitioner behind the bars.
Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.
(HARNARESH SINGH GILL) JUDGE
July 14, 2020 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2020.07.14 15:23 I attest to the accuracy and integrity of this document Chadigarh
2 issues framed by the court
Whether the petitioner should be granted regular bail given that key prosecution witnesses have resiled or died.
Whether the delay in trial and custody duration warrant release on bail.
Subhash @ Bossiya
State of Haryana
Harnaresh Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
