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(2023) Law Today Live Doc. Id. 17991
Decided on: 12.05.2023
Present:
Mr. Anirudh Shera, Advocate, for the petitioner.
Mr. Deepak Grewal, DAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Section 201, 302 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder – Regular bail -- Petitioner has undergone actual custody of 04 years, 10 months and 07 days -- Only 06 Pws have been examined out of a total of 23 Pws -- It is thus evident that the trial is not likely to be concluded at an early date -- Keeping in view the period of custody undergone, Court deemed it appropriate to grant him regular bail.
(Para 3-5)
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SUDHIR MITTAL, J. (ORAL) –
The petitioner seeks regular bail in FIR No.317, dated 01.07.2018, registered at Police Station City Palwal, District Palwal, under Sections 201 & 302 IPC (Annexure P-1).
2. Learned counsel for the petitioner submits that petitioner has been in custody for more than four and a half years. The trial is still in the early stages as only 06 Pws out of a total of 23 Pws have been examined. The petitioner has clean antecedents and thus, he may be granted regular bail.
3. Custody certificate dated 10.05.2023 digitally signed by Sh.Sumit Panwar, Deputy Superintendent, District Prison, Faridabad has been filed in Court. The same is taken on record. A perusal thereof shows that the petitioner has undergone actual custody of 04 years, 10 months and 07 days.
4. Learned State counsel concedes that only 06 Pws have been examined out of a total of 23 Pws.
5. It is thus evident that the trial is not likely to be concluded at an early date. Keeping in view the period of custody undergone, I deem it appropriate to grant him regular bail. Accordingly, the petition is allowed. He is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
Petition allowed.
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