Judgment · High Court
Case at a glance
Outcome
Allowed
India, thus the present petition is allowed
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Indian Penal Code, 1860 ss. 34, 201, 307
- Bharatiya Nyaya Sanhita, 2023 ss. 109, 238
- Arms Act, 1959 s. 25
- Constitution of India art. 21
Key paragraphs
- Para 55. Heard. Considering the facts and circumstances of the case and the submissions made on behalf of the petitioner, in particular he being in custody for the last 1 month and 26 days; however 12 PWs, including material witnesses, have been examined out of 33…
- Para 88. In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the…
Judgment
present at the spot while co-accused had fired gun present at the spot while co accused had fired gun-shot on the PARVEEN KUMAR 2026.05.20 16:58 I attest to the accuracy and integrity of this order/judgment. complainant. Due to miscommunication and on account of financial distress, the petitioner was unable to appear before the trial Court, leading to non-bailable warrants having been issued, pursuant thereto, he himself surrendered on 04.04.4026 and has been in custody ever since. PWs stands examined including the complainant and eye-witness, who have not supported the version of the prosecution, but there are still 21 more to go.
#3. Learned State counsel opposes the bail on the ground that there are specific allegations against the petitioner of having participated in the occurrence. However, he is unable to controvert the submissions with regard to stage of trial.
#5. Heard. Considering the facts and circumstances of the case and the submissions made on behalf of the petitioner, in particular he being in custody for the last 1 month and 26 days; however 12 PWs, including material witnesses, have been examined out of 33; the trial is likely to take a considerable time and further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, thus the present petition is allowed.
#6. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned.
#7. It is made abundantly clear that in case there is any breach of the conditions imposed by the Court concerned, the State shall be at PARVEEN KUMAR 2026.05.20 16:58 I attest to the accuracy and integrity of this order/judgment. liberty to seek cancellation of bail as granted to the petitioner by this order.
#8. In view of the above, it is clarified that the observations made herein above are limited for the purpose of present proceedings and would not be construed as any opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. PARVEEN KUMAR 2026.05.20 16:58 I attest to the accuracy and integrity of this order/judgment.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: India, thus the present petition is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; Indian Penal Code, 1860 — ss. 34, 201, 307; Bharatiya Nyaya Sanhita, 2023 — ss. 109, 238; Arms Act, 1959 — s. 25; Constitution of India — art. 21.
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