Petitioner sought regular bail in custodial detention of over 3 years in a sexual offence case. Bench granted bail citing prolonged incarceration and lack of need for arrest, relying on Supreme Court guidance on undertrial prisoners.
Petitioner granted regular bail directed to release on furnishing bonds to satisfaction of 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.
2023:PHHC:080641
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-6520-2023 (O&M) Date of decision : 01.06.2023 Anil Kumar @ Lilla ... Petitioner(s) Versus State of Haryana ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Ravinder Malik, Advocate for the petitioner.
Mr. Saurabh Girdhar, AAG Haryana.
ALKA SARIN, J. (ORAL)
of 16 witnesses, 5 witnesses are yet to be examined. It is further the
YOGESH SHARMA 2023.06.02 09:45 I attest to the accuracy and integrity of this judgment/order. Punjab and Haryana High Court, Chandigarh
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contention that the prosecutrix as well as the father of the prosecutrix, who is the complainant, have already been examined in the present case. He would further contend that the petitioner is not involved in any other case and further that the co-accused, namely, Sachin @ Sachin Chalia has since been granted bail by this Court vide order dated 06.01.2023 passed in CRM-M45023-2022.
14.02.2020 and out of 16 witnesses, 5 witnesses are yet to be examined. It
YOGESH SHARMA 2023.06.02 09:45 I attest to the accuracy and integrity of this judgment/order. Punjab and Haryana High Court, Chandigarh
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has also been stated in the status report that there is no medical evidence in the present case since the examination of the prosecutrix was conducted after a period of 44 days of the alleged incident having taken place. The coaccused, namely, Sachin @ Sachin Chalia has since been granted bail by this Court vide order dated 06.01.2023 passed in CRM-M-45023-2022.
“6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other.”
YOGESH SHARMA 2023.06.02 09:45 I attest to the accuracy and integrity of this judgment/order. Punjab and Haryana High Court, Chandigarh
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off.
01.06.2023 ( ALKA SARIN ) Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
YOGESH SHARMA 2023.06.02 09:45 I attest to the accuracy and integrity of this judgment/order. Punjab and Haryana High Court, Chandigarh
1 issue framed by the court
Whether the petitioner is eligible for a grant of regular bail after -eight years of incarceration.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. CBIExplained¶6
Satender Kumar Antil vs. CBI [(2022) 10 SCC 51] · Who else cites this
1 provisions across 1 enactments
Anil Kumar @ Lilla
State of Haryana
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
