Sanjay vs State of Haryana

AUGUSTINE GEORGE MASIH , J. (ORAL)

Petitioner has approached this Court for grant of regular bail by filing this petition under Section 439 of the Code of Criminal Procedure, 1973, in FIR

No.222, dated 25.06.2017, registered at Police Station Sadar Jind, under Sections 302, 201 and 34 of the Indian Penal Code.

It is the contention of the learned counsel for the petitioner that the petitioner was arrested on 10.07.2017 and since then, he is in custody.

Referring to the post-mortem report of the deceased, counsel for the petitioner points out that all the injuries which have been found on the person

are simple in nature. Even the Chemical Examiner's report indicates that there was no poison detected in the VISRA or the sample, which were

sent for examination, what has come out therefrom is that there was presence of some alcohol. He, thus, contends that the petitioner is in custody

for the last almost nine months and the trial is not likely to conclude soon as none of the prosecution witnesses has been examined till date. He,

therefore, prays for grant of regular bail to the petitioner during the pendency of the trial.

On the other hand, counsel for the State submits that there is allegation that there was a threat given to the deceased by the other accused. He,

however, could not dispute the factum with regard to the contention of the counsel for the petitioner with reference to the post-mortem and the

VISRA reports but his assertion is that the petitioner has been specifically named in the FIR and therefore, he should not be granted the concession

of regular bail. He, on instructions from ASI Randhir Singh, P.S. Sadar Jind, informs that the next date of hearing before the trial Court is 19.04.2018

when the complainant and other eye-witnesses are likely to be examined.

Counsel for the petitioner counter to this submission of the counsel State by asserting that on the last date of hearing also, those witnesses were

summoned but they did not appear.

I have considered the submissions made by the counsel for the parties and keeping in view the post-mortem and VISRA reports as also the fact that

none of the prosecution witnesses has been examined till date and almost nine months have passed since the petitioner was taken in custody, the trial

is not likely to conclude soon and therefore, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing

bail and surety bonds to the satisfaction of the trial Court concerned.

Any observation made herein-above shall have no bearing on the merits of the case during the trial in any manner.