SANDEEP JOGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this 2nd petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.461 dated 16.05.2017, for offence punishable under Sections 148, 149, 302 of the Indian Penal Code, 1860 (in short 'IPC') and 25 of the Arms Act (Sections 148, 149 IPC stands deleted and Section 34 IPC was added later), registered at Police Station Jind City, District Jind.

(2.) The earlier petition i.e. CRM-M No.19002 of 2019, was dismissed on 03.03.2020 by passing the following order:-

(3.) Learned senior counsel for the petitioner has referred to the subsequent zimini orders passed by the trial Court to submit that the prosecution evidence was closed on 09.07.2019 and thereafter, the case was fixed for defence evidence and argument. Learned senior counsel for the petitioner has further referred to the order dated 03.09.2020 onwards to till date, to submit that the defence evidence is not concluded as during the intervening period, due to COVID-19 situation, sometimes the co-accused were not produced by the jail authorities and sometimes, notices were issued to the jail authorities for their production. It is further submitted that the petitioner is in custody for the last 04 years, 01 month and 13 days including remissions and the case is still at the stage of defence evidence and arguments, though, the prosecution evidence is concluded in July, 2019.