Back
N. S. SHEKHAWAT
Sunil Malik @ Sonu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
N.S. SHEKHAWAT, J.
1. The petitioner has filed the present petition under Section 439 Cr.P.C. with a prayer to grant regular bail in case FIR No. 251 dated 19.05.2023 registered under Section 25 of Arms Act and under Section 34, 379-B of IPC (Sections 120-B, 307, 467, 468, 471 of IPC and Section 29 of Arms Act added later on) Police Station Sector 32-33, Karnal.
2. The FIR in the present case was registered on the basis of the statement moved by Brij Mohan Singla. As per him, at about 08:30 PM on 18.05.2023, he was going home on his motorcycle and he parked his motorcycle in front of his house and locked it. He was carrying a bag in his hand, which contained cash and empty food tiffin and in the meantime, 02 boys came on motorcycle and by showing a pistol they attempted to snatch bag from him, however, he did not hand over the bag to them. On this, one of the assailants trying to fire at him, but the pistol did not work. After that, he took out a knife from his pant pocket and hit on the left side of his stomach and also stabbed on his right hand, but the complainant did not give the bag to them. Ultimately, two boys snatched a sum of Rs.7000/- and the documents from the po
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 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 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 entitlement to parity with a co-accused, lack of evidence of tampering or threatening of witnesses, and limited role in the alleged crime were key legal principles influencing the court's decisio....
The court established that prolonged custody and lack of supporting evidence from key witnesses can justify the granting of bail, even in cases involving serious charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
