MOHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed under Sec. 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.85 dtd. 5/3/2022 registered for the offences punishable under Ss. 302, 34/114 of IPC and Sec. 25 of Arms Act (Sec. 354 of IPC added later on) at Police Station Chandhut, District Palwal, Haryana.

(2.) The case set up in the FIR in question is as follows:-

(3.) Learned counsel for the petitioner has argued that the petitioner is in custody since 5/3/2022. Learned counsel for the petitioner has further iterated that total 22 prosecution witnesses have been cited, out of which all private prosecution witnesses stand examined. Learned counsel for the petitioner has further referred, in extenso, to zimni orders dtd. 20/2/2024, 16/4/2024, 21/5/2024, 20/7/2024, 12/8/2024, 7/9/2024 and also 30/9/2024 passed by trial Court to argue that the trial is not proceeding at the desired pace and the non-culmination of the trial cannot be attributed to the petitioner in any manner. To buttress this aspect of his arguments, learned counsel has iterated that even police officials have not been regularly appearing for having their testimonies recorded (as prosecution witnesses) despite bailable/non-bailable warrants having been issued against them. Learned counsel for the petitioner has further submitted that, assuming arguendo, the allegations levelled in the FIR and the prosecution case be taken as true, the prime allegation against the petitioner is one of abetting the main accused namely Greeting (son of the petitioner) to commit the murder. Learned counsel for the petitioner has further submitted that the petitioner was earlier extended the concession of interim regular bail by this Court vide order dtd. 16/2/2024 passed in CRM-M-8280-2024 which was never ever misused by the petitioner & he surrendered back in time. Thus, regular bail is prayed for.