HARSIMRAN SINGH SETHI
Tejinder @ Golu Sardar – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Harsimran Singh Sethi, J.
In the present petition, the prayer of the petitioner is for the grant of regular bail in respect of FIR No. 136 dated 27.06.2020 registered under Sections 25 of the Arms Act, registered under Sections 148, 149, 302, 364, 404 of the Indian Penal Code, 1860 and Section 3 (2) (v) the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station City Safidon, District Jind.
2. Learned counsel for the petitioner submits that the petitioner is behind bars from the last about 03 years and 5 months and all the material prosecution witnesses have already been examined but none has supported the allegations as recorded in the FIR against the petitioner. Learned counsel for the petitioner further submits that co-accused of the petitioner namely, Suresh @ Bittu against whom the same allegations as alleged against the petitioner has been levelled, has already been granted the concession of regular bail by the Co-ordinate Bench of this Court vide order dated 30.10.2023 (Annexure P-9) passed in CRM-M-1342-2023.
3. Learned counsel for the petitioner further submits that once the co-accused of the petitioner, namely, Suresh @ Bittu
The court grants regular bail due to prolonged custody and absence of supporting witness testimony, emphasizing parity with a co-accused granted bail.
The main legal point established in the judgment is the consideration of parity in granting bail, especially when the main accused has already been granted bail and there are no differentiating circu....
Allegations alone do not justify bail denial; factors like trial delay and lack of witness examination support granting bail.
Delay in trial attributable to accused does not entitle petitioner to regular bail based on prolonged custody.
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