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(2020) Law Today Live Doc. Id. 15603 = 2020 L.A.R. (e-Suppl.) 1879
Decided on: 09.11.2020
Present:
Mr. Namit Khurana, Advocate for the petitioner.
Mr. Parveen Kumar Aggarwal, DAG, Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 379-B -- Snatching case – Regular bail – Petitioner in custody since 10.08.2020 not involved in any other criminal case – Complainant has given affidavit that the present petitioner was not involved in the alleged commission of offence – Final report u/s 173 Cr.P.C. presented and no useful purpose would be served by keeping the petitioner behind bars – Above all, conclusion of the trial will take some time keeping in view the prevailing pandemic situation – Petition allowed.
(Para 6-8)
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SANT PARKASH, J. –
[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.]
1. Petitioner prays for grant of regular bail in a pending case arising out of FIR No.397 dated 22.03.2020 registered under Section 379-B of the Indian Penal Code at Police Station, City Jagadhri Nagar, District Yamuna Nagar.
2. The present case has been registered against the petitioner and co-accused on account of snatching of Rs.6,000/- as well as mobile phone from complainant-Shambhu by putting chilly powder in his eyes.
3. Learned counsel for the petitioner submits that the petitioner is in custody since 10.08.2020. He further submits that the petitioner is not involved in any other criminal case. He prays for grant of regular bail to the petitioner.
4. Learned counsel for the State submits that the petitioner does not deserve concession of regular bail keeping in view the facts and circumstances of the case.
5. This Court has heard the learned counsel for the parties.
6. It is not disputed that the petitioner is in custody since 10.08.2020. The petitioner is also not involved in any other criminal case. The complainant has given the affidavit (Annexure P-3) that the present petitioner was not involved in the alleged commission of offence. Moreover, final report under Section 173 Cr.P.C. stands presented and no useful purpose would be served by keeping the petitioner behind bars. Above all, conclusion of the trial will take some time keeping in view the prevailing pandemic situation.
7. Taking into consideration the totality of the facts and circumstances of the case and without commenting on the merits of the case, it is considered appropriate to release the petitioner on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of the concerned trial court/Duty Magistrate.
8. The petition is allowed.
Petition allowed.
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