Please Log in / Register to access the full text of this judgment and the entire database
(2023) Law Today Live Doc. Id. 17811
Decided on: 15.03.2023
Present:
Mr. Ashish Gupta, Advocate, for the petitioner.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Section 174A – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Non-appearance in response to proclamation – Regular bail -- Petitioner involved in 39 other cases, all FIRs are either under the provisions of Gambling Act or Excise Act besides few u/s 174-A IPC – Investigation in the present case already stands concluded with the filing of challan and the petitioner is behind the bars for more than 2 months – Petitioner ordered to be released on regular bail.
(Para 1-6)
***
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.
********