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2020 Supreme(P&H) 1202
IN THE HIGH COURT OF PUNJAB AND HARYANA
Jaishree Thakur, J.
Om Parkash - Appellant
Versus
State Of Haryana - Respondent
CRM-M-6567 of 2020 (O&M)
Decided On : 19-02-2020
Mr. Balraj Gujjar, Advocate, for the Appellant Ms. Mahima Yashpal, AAG Haryana., for the Respondent.
The court may grant regular bail based on factors such as prolonged custody, the witness turning hostile, and the expected duration of the trial, without commenting on the merits of the case.
Headnote:
Regular Bail - SC and ST (Prevention of Atrocities) Act - The court granted regular bail to the petitioner based on the prolonged custody, the prosecutrix turning hostile, and the likelihood of a lengthy trial, without commenting on the merits of the case.
Fact of the Case:
The petitioner filed a petition for regular bail under Section 439 Cr.P.C. in a case involving charges under the SC and ST (Prevention of Atrocities) Act and various sections of the Indian Penal Code. The prosecutrix turned hostile, and the trial was expected to take a long time.
Finding of the Court:
The court granted the petitioner regular bail, considering the prolonged custody, the prosecutrix turning hostile, and the likelihood of a lengthy trial, without commenting on the merits of the case.
Issues: The issues involved the grant of regular bail to the petitioner, the prosecutrix turning hostile, and the expected duration of the trial.
Ratio Decidendi: The court decided to grant regular bail based on the prolonged custody, the prosecutrix turning hostile, and the likelihood of a lengthy trial, without commenting on the merits of the case.
Final Decision: The court allowed the instant petition and directed the petitioner to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of the concerned trial Court/Duty Magistrate.
JUDGMENT
Jaishree Thakur, J. (Oral) - The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.207 dated 31.10.2019, under Sections 3(l)(ii) of SC and ST (Prevention of Atrocities) Act and Sections 323, 363, 376(2)(n), 506 of Indian Penal Code (Section 377 of IPC added later on), registered at Police Station Women Faridkot, Haryana.
2. Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 31.10.2019. It is submitted that the petitioner has been falsely implicated in the present case. It is argued that the prosecutrix has not supported the case of the prosecution and turned hostile. It is also contended that out of total 25witnesses, 01 witness has been examined and conclusion of trial will take sufficient time, therefore, the petitioner is entitled to be enlarged on bail.
3. Per contra, learned counsel appearing on behalf of respondent-State, on instructions from the Investigating Officer, opposes the grant of regular bail to the petitioner, however, does not dispute the fact that the prosecutrix has turned hostile.
4. I have heard learned counsel for the parties.
5. Since, the trial is likely to take some time and in view of the facts that the petitioner herein has been in custody since 31.10.2019 and that prosecutrix has turned hostile and did not support the prosecution version, no useful purpose would be served in keeping the petitioner behind bars. At this stage, without commenting on the merits of the case, the instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate.
6. However, anything observed or said by this court is only for the purpose of deciding the instant petition for grant of regular bail and the same shall have no affect on the merits of the case.
