STATE OF HARYANA Vs. HASMAT

JUDGEMENT

(1.) Leave granted.

(2.) The State of Haryana calls in question grant of bail to accused Hasmat (respondent herein) by the Punjab and Haryana High Court. Criminal Miscellaneous No. 14009/2003 was filed in Criminal Appeal No. 100/2002 purportedly under S. 389 of the Code of Criminal Procedure, 1973 (in short the Code) with a prayer that the substantive sentence imposed i.e. imprisonment for life and a fine of Rs. 10,000/- should be suspended and the respondent be released on bail during the pendency of the appeal filed. The accused-respondent along with twenty two others faced trial for alleged commission of offences punishable under Ss. 148, 302, 307, 324 read with Section 149 of Indian Penal Code, 1860 (in short the IPC) and Sections 25 and 27 of the Arms Act, 1959 (in short the Arms Act). Accused-respondent along with some others was found guilty of offences punishable under Sections 302, 307, 148 read with Section 149, I. P. C. They were sentenced to undergo imprisonment for life and pay the fine as aforenoted for the offence punishable under Section 302 read with Section 149, I. P. C.

(3.) The High Court by the impugned order granted bail primarily on the ground that after the conviction the accused respondent had been granted parole on three occasions and there was no allegation of any misuse of liberty during the period of parole.