Criminal Misc. No. M-8134 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-8134 of 2009
Date of Decision: 15.4.2009
Kushal Pal
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Jai Vir Yadav, Advocate
for the petitioner.
Mr. S.S. Mor, Senior Deputy Advocate
General, Haryana, for the State.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 439 Cr.P.C.
seeking bail to the petitioner in case FIR No. 934 dated 1.11.2006
registered at Police Station Sadar, Gurgaon, under Sections 148, 149,
302, 307, 212 & 120-B IPC.
In the present case, prosecution has cited 31 witnesses. 22
witnesses have been recorded. Three witnesses have been given up by
the prosecution.
A report was sought from the trial Court. Trial Court stated
that only six witnesses remain to be examined and the case was fixed
for recording of evidence on 1.4.2009.
Criminal Misc. No. M-8134 of 2009 2
Counsel for the petitioner submits that on 1.4.2009 one
witness was examined and next date of hearing is 2.5.2009.
Trial Court has submitted that the trial can be concluded within
two or three months.
Counsel for the petitioner has submitted that case of the
petitioner cannot be distinguished from the case of co-accused Rajesh
alias Lakhmi Chand who was granted bail by a Co-ordinate Bench of
this Court on 16.12.2008.
Counsel for the State has submitted that one Pistol along with
two live cartridges were recovered from the petitioner.
To counter this argument, Mr. Yadav has submitted that mere
recovery will not fasten the petitioner with the offence of murder.
This Court will deist from examining the merits of the case as
the trial is at the fag end. Furthermore, the testimony of 23 witnesses
examined is not before this Court. Judicial propriety demands that this
Court should not grant bail when the trial is likely to conclude within two
months.
Trial Court is directed to conclude the trial within two months
from the receipt of copy of this order, from the next date of hearing.
With the observations made above, the present petition is
disposed off.
Copy of this order be sent to the trial Court, for compliance.
(Kanwaljit Singh Ahluwalia)
Judge
April 15, 2009
“DK”