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IN THE HIGH COURT OF PUNJAB AND HARYANA
Daya Chaudhary, J.
Mange Ram – Appellant
Versus
State of Haryana – Respondent
Criminal Miscellaneous No. 47764 of 2018
Decided On : 05-03-2019
Regular Bail - Criminal Procedure - The court granted regular bail to the petitioner under Section 439 Cr.P.C. considering the petitioner's custody period, the release of co-accused on regular bail, the slow progress of trial, and the limited examination of prosecution witnesses.
Fact of the Case:
The petitioner filed a petition for grant of regular bail in a case involving charges under Sections 420, 406, 467, 468, 471 read with Section 120-B IPC at Police Station Rania, District Sirsa.
Finding of the Court:
The court, after considering the arguments and documents, granted the petitioner's request for regular bail based on the petitioner's custody period, the release of co-accused on regular bail, the slow progress of trial, and the limited examination of prosecution witnesses.
Issues: The issues involved the petitioner's alleged false implication, the progress of the trial, and the release of co-accused on regular bail.
Ratio Decidendi: The court's decision was influenced by the petitioner's prolonged custody, the release of co-accused on regular bail, the slow progress of trial, and the limited examination of prosecution witnesses.
Final Decision: The court allowed the petition and directed the petitioner to be released on regular bail upon furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.
Daya Chaudhary, J.
1. The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 286 dated 18.11.2017 registered under Sections 420, 406, 467, 468, 471 read with Section 120-B IPC at Police Station Rania, District Sirsa.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas he was not involved. As per allegations levelled in the FIR, the petitioner has entered into an agreement with Gurmeet Kaur and Rajender Kaur. Earlier also, he entered into an agreement to sell with Surjit on 16.05.2016. Learned counsel further submits that four co-accused of the petitioner have been released on regular bail. The amount was alleged to be deposited in the account of co-accused Rakesh Kumar, who has been released on regular bail. Learned counsel also submits that out of total 34 prosecution witnesses, only one witness has been examined. Trial may take long time to conclude. The petitioner is in custody since 06.09.2018.
3. Learned State counsel has not disputed the custody period as well as stage of trial and also the fact that four co-accused of the petitioner have been released on regular bail.
4. Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.
5. By considering that the petitioner is in custody since 06.09.2018; his co-accused have been released on regular bail; out of total 34 prosecution witnesses, only one witness has been examined; trial may take time to conclude; no purpose would be served by keeping the petitioner in custody, the present petition is allowed and the petitioner (Mange Ram) is directed to be released on regular bail on furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.
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