Punjab-Haryana High Court
Shubham Alias Don vs State Of Haryana on 6 January, 2023
Author: Sudhir Mittal
Bench: Sudhir Mittal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.207 CRM-M-60516-2022 (O&M)
Date of decision : 06.01.2023
Shubham @ Don ..... Petitioner
VERSUS
State of Haryana ..... Respondent
CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL
Present: Mr. Parveen Kumar Advocate for
Mr. Abhimanyu Singh, Advocate, for the petitioner.
Mr. Deepak Grewal, DAG, Haryana
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SUDHIR MITTAL, J. (Oral)
This petition has been filed for grant of regular bail in case FIR No.62 dated 31.03.2018, registered at Police Station Chhachhrauli, District Yamuna Nagar, under Sections 148, 149, 323, 325, 307, 341, 302, 506 and 120-B IPC.
Learned counsel for the petitioner submits that no specific injury has been attributed to the petitioner. The trial is not likely to be concluded at an early date as more than 20 PWs remain to be examined. Eye witness as well as the complainant have turned hostile and the petitioner was granted liberty to apply for regular bail after their evidence was recorded vide order dated 23.11.2021 passed in CRM-M-43278-2021. The petitioner has undergone custody in excess of 04 years and thus, he may be granted regular bail.
Custody certificate dated 05.01.2023 prepared by Sh. Bhupender Singh, Deputy Superintendent, District Prison, Yamuna Nagar has been filed in Court. The same is taken on record. A perusal thereof shows that the petitioner has undergone actual custody of 04 years, 08 1 of 2 ::: Downloaded on - 07-01-2023 06:52:02 ::: CRM-M-60516-2020 2 months and 04 days and there are 04 other criminal cases pending against him.
Learned State counsel, on instructions from SI-Subhash Chand admits that only 05 PWs out of total 30 PWs have been examined till date.
In view of the custody period of the petitioner as well as the fact that no specific injury is attributed to him and that he is on bail in other pending criminal cases, I deem it appropriate to grant regular bail to the petitioner in this case also. The petition is allowed and the petitioner be released on bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.
(SUDHIR MITTAL)
JUDGE
06.01.2023
Ramandeep Singh
Whether speaking / reasoned Yes / No
Whether Reportable Yes/ No
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