High Court granted bail to an undertrial accused in a case involving attacks on police and firing, ordering his release on furnishing bonds without prejudice to trial merits, noting his long custody, family dependency, and lack of specific role.
Petitioner released on bail on furnishing bonds and surety bonds 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.
CRM-M-5841-2022 (O&M) 2023:PHHC:123085
218
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-5841-2022 (O&M) Date of decision:19.09.2023
Saddam ….Petitioner
Versus
State of Haryana ….Respondent
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. Munfaid Khan, Advocate, For the petitioner.
Mr. Vikas Bhardwaj, AAG, Haryana. ********
ARUN MONGA, J. (ORAL)
Status report dated 18.09.2023 by way of affidavit of Jitender Kumar, HPS, Deputy Superintendent of Police, Nuh, has been tendered in course of hearing, which is taken on record.
VANDANA 2023.09.20 11:24 I attest to the accuracy and integrity of this document
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CRM-M-5841-2022 (O&M) 2023:PHHC:123085
one live cartridge. Five empty cartridges were recovered from the Spot. Subsequently coaccused Hakamddin and Shahrukh were arrested. Petitioner is in custody since 14.08.2020.
4.1 Petitioner is in custody since 14.08.2020. No recovery is to be effected from the petitioner. No specific role is attributed to the petitioner. He further submits petitioner is not required for further custodial interrogation. There is no likelihood of petitioner tampering with evidence and/ or influencing prosecution witnesses. Petitioner is totally innocent and has thus been falsely implicated in the case.
4.2 Learned counsel for the petitioner further submits that co-accused of the petitioner, namely, Shahrukh and Hakmuddin have already been granted concession of regular bail by learned trial Court vide orders dated 29.09.2020 and 17.11.2020 (Annexures P-2 and P-3). He further states that petitioner’s case is on much better footing who has not been attributed any specific role and yet, he continues to be in jail.
VANDANA 2023.09.20 11:24 I attest to the accuracy and integrity of this document
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CRM-M-5841-2022 (O&M)
2023:PHHC:123085
been presented and investigation qua the petitioner is complete. Petitioner is not required for custodial interrogation.
trial Court.
the case, the instant petition is allowed. I am of the view that no useful purpose would be served to keep the petitioner in further preventive custody.
VANDANA 2023.09.20 11:24 I attest to the accuracy and integrity of this document
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hearing the instant bail petition alone and learned trial Court shall proceed without being influenced with this order.
( ARUN MONGA ) JUDGE
19.09.2023 vandana Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
VANDANA 2023.09.20 11:24 I attest to the accuracy and integrity of this document
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3 issues framed by the court
Whether the petitioner should be released on bail after being in custody for over 3 years in a serious offence case.
Whether parity with co-accused who have been granted bail is a valid ground for the petitioner's release.
Whether the petitioner poses a flight risk or likelihood of tampering with evidence.
Saddam
State of Haryana
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
