Kashmir Chand vs State Of Haryana

Arvind Singh Sangwan, J

Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR

No.297 dated 13.08.2020, for offence punishable under Sections 323, 341, 506, 34 of the Indian Penal Code, 1860 (in short ‘IPC’) (Section 307

IPC added later) registered at Police Station Sadar, District Fatehabad.

Counsel for the petitioner has argued that as per the allegations in the FIR, the petitioner has caused a simple injury to the victim Sahab Singh whereas

the co-accused of the petitioner namely Prem Chand has caused grievous injury to the injured Labh Singh, which was later on, found to be an injury

under Section 307 IPC.

Counsel for the petitioner has further submitted that the petitioner is in custody since 16.09.2020; he is not involved in any other case and it will take

some time in conclusion of the trial due to COVID-19 situation.

Counsel for the State has not disputed the factual position but opposed the prayer for bail. It is also submitted that challan stands presented.

Without commenting anything on merits of the case, considering the fact that the petitioner is attributed an injury to one of the victim on his non-vital

part; challan stands presented; the petitioner is not involved in any other case; the custodial interrogation of the petitioner is not required and the

conclusion of the trial will take some time due to COVID-19 situation, this petition is allowed and the petitioner is directed to be released on bail

subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing

the concession of bail, in any manner.