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(2020) Law Today Live Doc. Id. 15640 = 2020 L.A.R. (e-Suppl.) 1987
Decided on: 19.11.2020
Present:
Mr. Sumit Sangwan, Advocate for the Petitioner.
Mr. Anmol Malik, Dy. Advocate General, Haryana for the Respondent/State.
Indian Penal Code, 1860 (45 of 1860), Section 302, 303, 212, 201, 387, 120-B, 34 – Arms Act, 1959 (54 of 1959), Sections 25, 29, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner in prison for more than 1 year and 2 months -- Trial is yet to commence inasmuch as even the charges have not been framed and no less than 71 witnesses have been cited on behalf of the Prosecution Side -- Trial is likely to take a considerable time to conclude in view of the on-going Covid-19 Pandemic -- Further detention of the Petitioner for an indefinite period is not justified -- As such, petitioner ordered to be released on bail.
(Para 4,5)
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SUDIP AHLUWALIA, J. (ORAL) –
The instant Petition has been filed under Section 439 of the Code of Criminal Procedure seeking Regular Bail on behalf of the Petitioner in case FIR No.0417, dated 27th June, 2019, registered under Sections 302, 34 of the Indian Penal Code and Sections 25/54/59 of the Arms Act, 1959, (Section 303, 212, 201, 387, 120-B and Section 29 of the Arms Act, added later on) at Police Station Sector 7, Faridabad.
2. Reply on behalf of the State has been filed by wa y of Affidavit of the Assistant Commissioner of Police, Crime, District Faridabad.
3. The allegation against the Petitioner happens to be that he being an erstwhile Bouncer of the deceased/victim, he had provided information to co-accused, namely Raj Kumar alias Raju (a Police Constable), as also the phone number of Gangster-Kaushal @ Naresh, to facilitate elimination of the deceased. But vide a separate order passed in the connected case (CRM-M No.13919 of 2020) earlier today, the Bail Petition of the said co-accused has already been allowed after noting that no material to link the said accused with the concerned Gangster-Kaushal @ Naresh was available.
4. In such circumstances, there is no justification to keep the Petitioner in detention for an indefinite period at this stage as he has already remained in prison for more than 1 year and 2 months since 5th September, 2019, while the trial is yet to commence inasmuch as even the charges have not been framed and no less than 71 witnesses have been cited on behalf of the Prosecution Side.
5. For the aforesaid reasons, without commenting upon the other merits of the case and keeping in view the fact that the trial is likely to take a considerable time to conclude in view of the on-going Covid-19 Pandemic, at this stage, this Court is of the opinion that further detention of the Petitioner for an indefinite period is not justified. As such, he is ordered to be released on bail subject to the satisfaction of the Ld. Trial Court/Duty Magistrate concerned.
6. Disposed off.
Petition allowed.
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