Raj Pal vs State of Haryana

R.C. Kathuria, J.—Petitioner-Raj Pal has filed this petition u/s 439 of the Code of Criminal Procedure, 1973, praying for grant of bail in case bearing First Information Report No. 119 dated 24.4.2000 under Sections 398/401 of the Indian Penal Code and Section 25 of the Arms Act registered at Police Station, Model Town, Panipat.

After completion of the investigation, challan has been put in Court and the petitioner accused is facing trial in the Court of the Additional Sessions Judge, Panipat. He has jumped the bail on 13.3.2001 and thereafter he has been taken into custody on 20.11.2001.

The reason that prevailed upon the Additional Sessions judge to decline the bail to the petitioner-accused is that he has once misused the concession of bail and therefore, benefit of bail should not be extend to him again.

Counsel representing the petitioner-accused has submitted that the challan was filed on 19.1.2001 and thereafter petitioner could not appear as because of his illiteracy he had mixed up the date of the case. It is also stated that the petitioner-accused has been in custody for a period of 4 months.

Keeping in view the totality of the circumstances of the case brought on record and the period for which the accused-petitioner has been custody, this petition is accepted. The petitioner-accused shall be admitted to bail by the trial Judge/CJM, Panipat on his furnishing bail/surety bond to his satisfaction.