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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harkesh Manuja, J.
Sanjay @ Sanjay Sachdeva - Petitioner - Appellant
Versus
State of Haryana - Respondent - Respondent
CRM-M-11722 of 2023
Decided On : 15-03-2023
Regular Bail - Criminal Procedure - The court granted regular bail to the petitioner under Section 439 of the Code of Criminal Procedure, 1973, considering the conclusion of the investigation, the petitioner's prolonged incarceration, and the likelihood of a delayed trial.
Fact of the Case:
The petitioner filed a petition for grant of regular bail, citing prolonged custody and concluded investigation.
Finding of the Court:
The court found merit in the petitioner's submissions, noting the conclusion of the investigation and the prolonged custody, and granted regular bail without commenting on the merits of the case.
Issues: The issue was whether the petitioner should be granted regular bail considering the concluded investigation and prolonged custody.
Ratio Decidendi: The court's decision was influenced by the conclusion of the investigation, the petitioner's prolonged incarceration, and the likelihood of a delayed trial.
Final Decision: The petition for regular bail was allowed, and the petitioner was ordered to be released on regular bail upon furnishing bail/surety bonds.
HARKESH MANUJA, J.
1. By way of present petition filed under Section 439 of the Code of Criminal Procedure, 1973, petitioner prays for grant of regular bail in case FIR No.790 dated 29.08.2022 under Sections 174-A IPC, 1860, registered at Police Station Karnal City, District Karnal.
2. Learned counsel for the petitioner submits that the petitioner is in custody since 14.01.2023 and the investigation already stands concluded with the filing of challan on 01.02.2023 and the trial is likely to take some time, thus, the petitioner deserves concession of regular bail.
3. On the other hand, learned State counsel opposes the prayer made herein while referring to the antecedents of the petitioner who has allegedly involved in 39 other cases.
4. I have heard learned counsel for the parties and gone through the paper book. I find substance in the submissions made on behalf of the petitioner.
5. A perusal of the paper book shows that all other FIRs are either under the provisions of Gambling Act or Excise Act besides few under Section 174-A IPC. However, in the present FIR, investigation already stands concluded with the filing of challan and the petitioner is behind the bars for the past more than 2 months now, no useful purpose is going to be served to extend the incarceration of the petitioner any further. The conclusion of the trial is likely to take some time, thus, the petitioner deserves the concession of regular bail.
6. Without commenting anything on the merits, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate.
7. However, nothing expressed hereinabove shall be construed as an expression on the merits of the case.
Petition allowed.
The court may grant regular bail considering the conclusion of the investigation, prolonged custody, and the likelihood of a delayed trial.
The main legal point established is that the conclusion of the investigation, framing of charges, incomplete recording of witness statements, and the likelihood of a lengthy trial can be considered i....
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 may grant bail pending trial based on factors such as prolonged incarceration, slow trial progress, and similar circumstances of co-accused.
Delay in trial attributable to accused does not entitle petitioner to regular bail based on prolonged custody.
The court may grant regular bail under Section 439 of the Code of Criminal Procedure, 1973, considering factors such as the petitioner's age, criminal antecedents, and the circumstances of the allege....
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