ATEEK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is second petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.17, dated 17.01.2014, under Sections 395 and 458 of IPC, registered at Police Station Badshahpur, District Gurgaon. The earlier one having been dismissed as withdrawn on 29.07.2020.

(2.) Learned counsel for the petitioner submits that the petitioner has been in custody since 08.04.2019 and there is no likelihood of the trial concluding in the near future, as only 4 out of the 19 prosecution witnesses have been examined till date. Learned counsel further submits that the co-accused, who were facing trial in the FIR in question already stand acquitted by the trial Court. Hence, he be extended the concession of regular bail.

(3.) Per contra, learned State counsel, while opposing the prayer and submissions of learned counsel for the petitioner, on instructions from ASI Charan Singh, has apprised this Court and reiterated the submissions made when the earlier petition was dismissed as withdrawn on 29.07.2020, that the petitioner was a man of criminal antecedents. She has apprised the Court that the petitioner was declared a proclaimed offender not only in the instant FIR but he was also declared as proclaimed offender in another case. It has also been submitted that the petitioner is involved in another case under Section 395 IPC.