KARAMJIT SINGH
Dilnawaz @ Dil Nawaj – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Karamjit Singh, J. (Oral) - Prayer in the present petition under Section 439 of Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.615 dated 24.11.2020 registered for the offences punishable under Sections 398, 307, 506, 120-B, 341 IPC and Section 25 of Arms Act at Police Station Gharaunda, District Karnal.
2. Counsel for the petitioner inter alia contends that FIR in this case was registered against unknown persons who as per prosecution case, trespassed into the jewellery shop of Parmod Kumar Arya with an intention to loot the jewellery from the said shop and they fired shots with an intention to kill the complainant but the same missed the target and in the meantime, the complainant attacked the said miscreants with wooden danda and then they sped away from there on a motorcycle. He further submits that during the investigation of the case, the police arrested co-accused Sandeep and Raman Singh and the motorcycle and the pistol were recovered from them; that the petitioner was named as accused on the basis of the alleged disclosure made by aforesaid Sandeep and thereafter, the petitioner was arrested on 27.5.2021 and since then, he is
The decision highlighted the importance of considering the prolonged custody of the accused, the lack of progress in the trial, and the absence of incriminating evidence in granting regular bail.
The court has the discretion to grant bail under Section 439 Cr.P.C. and may impose stringent conditions to mitigate risks associated with granting bail.
The principle of not depriving personal liberty at an early stage, considering the completion of investigation and the likelihood of a prolonged trial.
The seriousness of the offences, the identification of the accused, and the likelihood of the accused threatening the witnesses are crucial factors in considering a bail application.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.