Suresh vs State of Haryana

Jitendra Chauhan, J. (Oral) - By filing the present petition under Section 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in case FIR No.319, dated 22.09.2014, registered under Sections 148, 323, 302 read with Section 149 IPC, at Police Station Sadar, Gohana.

It is contended that petitioner has not been attributed any injury on the person of deceased. The two sons of the petitioner have been facing trial in the present FIR, whereas the third son, namely, Joginder is a known patient of blood cancer. There is no other male member in the family. He further states that the petitioner was earlier admitted to interim bail by the Addl. Sessions Judge, vide order dated 23.02.2016 and the petitioner did not misuse the concession of interim bail. The petitioner is not involved in any other FIR and he is in custody since 22.09.2014.

On the other hand, the learned State counsel opposes the prayer of bail and states that the petitioner incited his family members to cause injuries to the deceased. The challan stands presented; charges have been framed; out of total 26 witnesses, 03 have been examined.

I have heard learned counsel for the parties and perused the record.

Considering the fact that the petitioner in custody since 22.9.2014 and there is no one in the family to look after the other son suffering from blood cancer; out of total 26 witnesses, only three have been examined so far, therefore, it can be safely inferred that the trial is not likely to be concluded in the near future, without adverting to the merits of the instant case, this petition is allowed. The petitioner be admitted to bail during the pendency of the trial, on his furnishing bail bonds and surety bonds, to the satisfaction of the trial Court.

Anything said herein above shall not be construed as an expression of opinion on the merits of the case.