IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Jitender @ Kali - Appellant
Versus
State of Haryana - Respondent
Criminal Miscellaneous Petition (M) No. 2677 of 2022 (O&M)
Decided On : 05-12-2022
Regular Bail - Criminal Procedure - The court disposed of the petition for grant of regular bail to the petitioner, directing the trial court to conclude the trial expeditiously within a period of 04 months from the date of the judgment.
Fact of the Case:
The petitioner filed a petition for grant of regular bail in a case involving multiple FIRs under different provisions of the IPC and the Arms Act. The petitioner had been in judicial custody for over 3 years.
Finding of the Court:
The court disposed of the petition due to the petitioner's long judicial custody, directing the trial court to conclude the trial expeditiously within 04 months.
Issues: Petition for grant of regular bail, long judicial custody, expeditious trial
Ratio Decidendi: The court considered the petitioner's long judicial custody and the need for expeditious conclusion of the trial in reaching its decision.
Final Decision: The petition for grant of regular bail was disposed of with a direction to the trial court to conclude the trial expeditiously within 04 months.
JUDGMENT
Arvind Singh Sangwan, J. - This is the second petition that has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 201 dated 28.08.2019, registered under Sections 307, 323, 379-B, 427 and 506 of the IPC at Police Station Badhra, District Charkhi Dadri.
2. Custody certificate, filed by learned State counsel in Court today, is taken on record.
3. A perusal of the custody certificate shows that that the petitioner is involved in a number of other FIRs under the different provisions of the IPC, like Sections 307, 392, 394, 379, 380, 457, 354 etc. as well as under the provisions of Arms Act and he stands convicted in some of the FIRs, apart from facing trial in many other cases.
4. Learned State counsel, on instructions from ASI Jagjit Singh, submits that out of total 12 prosecution witnesses, 10 witnesses have already been examined and the case is now fixed for 08.12.2022.
5. Since there is no representation on behalf of the petitioner and the petitioner is in long judicial custody i.e. for the last 03 years, 03 months and 05 days, the present petition is disposed of with a direction to the trial Court to conclude the trial expeditiously, preferably within a period of 04 months from today.
The court emphasized the need for expeditious conclusion of the trial due to the petitioner's long judicial custody.
The court may grant regular bail based on the length of the petitioner's custody, lack of involvement in other cases, and the expected duration of the trial.
The central legal point established in the judgment is the consideration of the length of judicial custody and the grant of regular bail to the petitioner based on the circumstances of the case and t....
The court considered the impact of COVID-19 on trial delays and the non-requirement of custodial interrogation in granting bail.
The court may consider a petitioner's criminal antecedents and involvement in multiple cases under the Indian Penal Code as grounds for dismissing a petition for regular bail.
The court considered the period of custody and the stage of the trial in granting regular bail to the petitioner.
The central legal point established in the judgment is that the decision to grant regular bail was based on the petitioner's custody duration, lack of involvement in other cases, and health condition....
The main legal point established in the judgment is that the decision to grant regular bail was based on the length of the petitioner's custody, the likelihood of a lengthy trial, and the absence of ....
The main legal point established in the judgment is that the lack of specific attribution of any injury to the petitioner and the prolonged custody of the petitioner were key factors in granting the ....
The court may grant regular bail considering the conclusion of the investigation, prolonged custody, and the likelihood of a delayed trial.
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