The High Court of Punjab & Haryana granted regular bail to Rakesh Kumar @ Vicky, who had been in custody for over six years. The order was expedited due to the COVID-19 pandemic and the protracted nature of the trial, explicitly stating it does not decide on the merits of the case.
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-M No. 1664 OF 2017 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M No. 1664 OF 2017 (O&M) Date of decision : August 14, 2020
Rakesh Kumar @ Vicky
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. GS Madan, Advocate, for the petitioner
Mr. Jagmohan Ghuman, DAG Punjab for the State
Fateh Deep Singh, J. (Oral)
The matter has been taken up through Videoconferencing on account of outbreak of pandemic COVID-19.
The petitioner who is in custody since 30.6.2014 in this case bearing FIR No. 219 dated 15.6.2014 under Sections 302,307,326,324,148,149 IPC, Police Station City Tarn Taran, has come up in this first regular bail application.
The allegations against the petitioner have come about from complainant Kashmir Kaur alleging that on 14.6.2014 around 9.45 PM while her son Angrej Singh after closing down his shop was
DALBIR SINGH TIWANA 2020.08.17 13:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
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CRM-M No. 1664 OF 2017 (O&M)
going when Rakesh Kumar @ Vicky present petitioner armed with knife along with co-accused Rajesh Kumar @ Bhallu armed with datar, Kartar Chand, Manjit Kaur, Simran Kaur and Suman caught hold of the deceased and assaulted him. The petitioner is attributed blow of the knife while other accused had too given him injuries, Rajesh Kumar @ Bhallu on the left arm by means of datar while other accused gave fist and kick blows leading to the death of Angrej Singh.
Learned counsel for the petitioner contends that the petitioner has already undergone 06 years 01 month and the trial is not likely to be concluded in near future.
Learned State counsel though does not displaces the facts but has opposed the bail on the grounds that if allowed bail, the petitioner might influence the trial.
Without feeling the necessity to advert to the merits, keeping in view the period of incarceration as per the stand of the State is more than 06 years and 01 month together with the fact that the trial is not likely to be concluded soon in view of Covid-19 pandemic, thus this Court deems expedient to allow the present petition. Accordingly, the petitioner is ordered to be released on regular bail to the satisfaction of learned Chief Judicial
DALBIR SINGH TIWANA 2020.08.17 13:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
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CRM-M No. 1664 OF 2017 (O&M)
Magistrate/Duty Magistrate, concerned.
The present petition stands disposed off accordingly.
The observations made herein above shall have no bearing on the merits of the case as these are purely for the disposal of the present bail application.
( Fateh Deep Singh ) August 14, 2020 Judge 'tiwana'
Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
DALBIR SINGH TIWANA 2020.08.17 13:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
2 issues framed by the court
Whether bail should be granted to the petitioner who has spent over six years in custody for a trial unlikely to conclude soon.
Whether considerations of pandemic-induced delay warrant release on bail without evaluating merits of the case.
Rakesh Kumar @ Vicky
State of Punjab
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
