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Punjab & Haryana HC grants bail to petitioner citing trial delay and co-accused's precedent The Punjab & Haryana HC, in a bail application under various sections of IPC, granted regular bail to the petitioner due to the delay in commencing ...
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Punjab & Haryana HC grants bail to petitioner citing trial delay and co-accused's precedent
The Punjab & Haryana HC, in a bail application under various sections of IPC, granted regular bail to the petitioner due to the delay in commencing the examination of PWs and the previous grant of bail to a co-accused. Justice Sudhir Mittal relied on the precedent of granting bail to a similarly situated co-accused and the trial delay to justify the decision. The petitioner, in custody since June 2019, was ordered to be released on bail upon furnishing bail and surety bonds to the satisfaction of the trial Court or Duty Magistrate concerned.
Issues: 1. Bail application under Sections 420, 467, 468, 471, 120-B and 201 IPC. 2. Delay in commencement of examination of PWs. 3. Grant of bail to co-accused.
Analysis: The judgment delivered by Justice Sudhir Mittal of the Punjab & Haryana High Court pertains to a bail application filed by the petitioner in a case registered under Sections 420, 467, 468, 471, 120-B, and 201 of the Indian Penal Code. The petitioner had been in custody since June 21, 2019, and argued that since charges had been framed but the examination of Prosecution Witnesses (PWs) had not commenced, the trial was unlikely to conclude promptly. The petitioner's counsel highlighted that a co-accused, Nitish Singhal, in a similar situation, had been granted regular bail by the court.
The State counsel acknowledged the delay in commencing the examination of PWs and the grant of bail to the co-accused, Nitish Singhal. Considering these factors, Justice Sudhir Mittal deemed it appropriate to grant regular bail to the petitioner. The court relied on the precedent of granting bail to a similarly situated co-accused and the delay in the trial proceedings to justify the decision. Consequently, the petition was allowed, and the petitioner was ordered to be released on bail upon furnishing bail and surety bonds to the satisfaction of the trial Court or Duty Magistrate concerned. This judgment showcases the court's discretion in granting bail based on the circumstances of the case, including the progress of trial proceedings and the parity principle in bail decisions involving co-accused.
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