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IN THE HIGH COURT OF PUNJAB AND HARYANA
Tejinder Singh Dhindsa, J.
Vipin @ Mannu - Appellant
Versus
State Of Haryana - Respondent
Criminal Miscellaneous (M) No. 24630 of 2020
Decided On : 03-09-2020
Regular Bail - Criminal Law - The court granted the petitioner the benefit of regular bail in a case involving charges under sections 307, 216, 120-B, 34 I.P.C and section 25 of Arms Act. The court considered the delay in trial due to the COVID-19 pandemic and the fact that co-accused had been granted bail, and held the petitioner entitled to bail without making any observations on merits.
Fact of the Case:
The petitioner sought the benefit of regular bail in a case involving charges under sections 307, 216, 120-B, 34 I.P.C and section 25 of Arms Act, related to an alleged occurrence where shots were fired at the complainant's maternal uncle.
Finding of the Court:
The court, considering the delay in trial due to the COVID-19 pandemic and the fact that co-accused had been granted bail, held the petitioner entitled to the benefit of bail without making any observations on merits.
Issues: The issues involved the petitioner's eligibility for bail in a case involving serious charges and the delay in trial due to the COVID-19 pandemic.
Ratio Decidendi: The court considered the delay in trial due to the COVID-19 pandemic and the fact that co-accused had been granted bail, and held the petitioner entitled to bail without making any observations on merits.
Final Decision: The petitioner was granted the benefit of bail, subject to satisfaction of the Trial Court/Duty Magistrate concerned.
JUDGMENT
Tejinder Singh Dhindsa, J. - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. Petitioner seeks benefit of regular bail in case FIR No.0693 dated 19.11.2018 registered under sections 307, 216, 120-B, 34 I.P.C and section 25 of Arms Act at Police Station, Civil Lines, District Hisar.
3. Counsel for the parties have been heard.
4. FIR came to be registered on the statement of Sachin in relation to an alleged occurrence that took place on 19.11.2018 at about 8 a.m. Precise allegations are that certain unnamed boys came on a motorcycle and started firing from the pistols held by them and fire arm shots were suffered by maternal uncle of the complainant i.e. two bullet on left hand and one bullet on the right hand.
5. Present petitioner was arrested on 15.10.2019.
6. Investigation in the case is complete and the challan already stands presented.
7. Learned State counsel has informed the Court that out of 37 prosecution witnesses only one has been examined till date.
8. Trial as such would take time to conclude and particularly in the light of the current COVID-19 pandemic.
9. Learned State counsel has opposed the prayer for bail on the ground that presence of the petitioner stands recorded in a CCTV footage and he was seen to be armed with a .32 bore pistol and had also resorted to firing. It has however been fairly stated that the shots fired by the petitioner did not hit the victim namely Shamsher.
10. Co-accused Sunil @ Tiger and Nishant Singh @ Nishan have been granted benefit of bail by this Court vide orders dated 4.8.2020 passed in CRM-M-39776-2019 and 24.7.2019 passed in CRM-M-24559-2019 respectively.
11. In view of the above and without making any observations on merits, petitioner is held entitled to the benefit of bail.
12. Petitioner be enlarged on bail subject to satisfaction of the Trial Court/Duty Magistrate concerned.
13. Disposed of.
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