Lambu v. Haryana State of Haryana
Case Details
IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH 106 CRM-M-56180 56180-2024(O&M) Date of decision: 29.10.2025 Date of decision: Parsan @ Lambu Parsan @ Lambu ...Petitioner VERSUS Haryana State of Haryana ...Respondent
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Shivani Jaglan Ms. Shivani Jaglan, Advocate, for the petitioner for the petitioner. Dr. (Ms.) Malvika Singh, DAG, Haryana. Dr. (Ms.) Malvika Singh, DAG, Haryana. Dr. (Ms.) Malvika Singh, DAG, Haryana. ***** VINOD S. BHARDWAJ, J. (Oral) VINOD S. BHARDWAJ The instant petition has been filed under Section 483 of the The instant petition has been filed under The instant petition has been filed under Bharatiya Nagarik Suraksha Sanhita, 2023 Nagarik Suraksha Sanhita, 2023 for for grant of regular bail to the itioner in case bearing FIR No.416 dated 07.07.2018 registered under itioner in case bearing FIR No.416 dated 07.07.2018 petitioner in case bearing FIR No.416 dated 07.07.2018 Sections 216, 307, 384, 506, 34 and 120B of the 216, 307, 384, 506, 34 and 120B of the Indian Penal Code, 1860 Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 at Police Station Section 25 of the Arms Act, 1959 at Police Station Samalkha, District Panipat. 2. present FIR has been registered on the statement of Ajit. The The present FIR has been registered on the statement of Ajit. The The same is extracted hereinbelow:- same is extracted hereinbelow: “Sir, it is requested that I Ajit son of Sh. Roop Chand caste Jat “Sir, it is requested that I Ajit son of Sh. “Sir, it is requested that I Ajit son of Sh. is resident of Khalila Pahladpur. I am running country made is resident of Khalila Pahladpur. I am running country made is resident of Khalila Pahladpur. I am running country made and English liquor vend in partnership with Shishpal in Zone and English liquor vend in partnership with Shishpal in Zone and English liquor vend in partnership with Shishpal in Zone No.4 of Israna Block. Today on 06.07.2018, an unknown boy No.4 of Israna Block. Today on 06.07.2018, an unknown boy No.4 of Israna Block. Today on 06.07.2018, an unknown boy came at my house in the night at around 10:20 PM who called came at my house in the night at around 10:20 PM who cal came at my house in the night at around 10:20 PM who cal my name on the gate and hurled abuses and fired three my name on the gate and hurled abuses and fired three my name on the gate and hurled abuses and fired three gunshots at my house. When my family members heard the gunshots at my house. When my family members heard the gunshots at my house. When my family members heard the noise of gunshot, when we went towards the street from house noise of gunshot, when we went towards the street from house noise of gunshot, when we went towards the street from house then we saw one boy running in the street. When our then we saw one boy running in the street. When our then we saw one boy running in the street. When our again fired twice. They were neighbour raised noise then he again fired twice. They were neighbour raised noise then he two boys who were seen in the street. One cartridge is lying two boys who were seen in the street. One cartridge is lying two boys who were seen in the street. One cartridge is lying SUMIT SINGH GUSAIN 2025.10.30 13:26 I attest to the accuracy and integrity of this document 106 CRM CRM-M-56180-2024(O&M) 2 inside the drain of buffalo inside the house and one cartridge inside the drain of buffalo inside the house and one cartridge inside the drain of buffalo inside the house and one cartridge is lying in front of the house of Sumit son of Bijender where is lying in front of the house of Sumit son of Bijender where is lying in front of the house of Sumit son of Bijender where gunshot was fired." gunshot was fired." 3. or the petitioner contends that the petitioner was Learned counsel for the petitioner contends that the petitioner was Learned counsel f already in police custody when the incident in question took place. She further already in police custody when the incident in question took place. She further already in police custody when the incident in question took place. She further contends that the petitioner has been nominated as an accused on the basis of a contends that the petitioner has been nominated as an accused on the basis of a contends that the petitioner has been nominated as an accused on the basis of a n. Pistol of .315 bore has been disclosure statement made by co-accused-Sachin. Pistol of .315 bore has been disclosure statement made by co recovered from Sachin and pistol of .32 bore has been recovered from another recovered from Sachin and pistol of .32 bore has been recovered from another recovered from Sachin and pistol of .32 bore has been recovered from another co-accused-Vikas. She further contends that the case set up by the prosecution Vikas. She further contends that the case set up by the prosecution is that the petitioner had operated and engineered the offence while being in is that the petitioner had operated and engineered the offence while is that the petitioner had operated and engineered the offence while submits that the petitioner is in custody since 13.07.2018 and has custody. She submits that the petitioner is in custody since 13.07.2018 and has submits that the petitioner is in custody since 13.07.2018 and has already undergone an actual custody of more than 07 years in the present case. already undergone an actual custody of more than 07 years in the present case. already undergone an actual custody of more than 07 years in the present case. It is also contended that out of total 21 witnesses, It is also contended that out of total 21 witnesses , only 12 witnesses have been ed so far. She further contends that for the last 10 dates, no prosecution examined so far. She further contends that for the last 10 dates, no prosecution ed so far. She further contends that for the last 10 dates, no prosecution witness has appeared. witness has appeared. 4. Learned State Counsel on the other hand contends that the Learned State Counsel on the other hand contends that the Learned State Counsel on the other hand contends that the petitioner is a hardened criminal and is required in a large number of other petitioner is a hardened criminal and is required in a large number of other petitioner is a hardened criminal and is required in a large number of other that there are as many as 07 undertrial cases while the cases. She contends that there are as many as 07 undertrial cases while the cases. She contends petitioner already stands convicted in nearly 09 cases. petitioner already stands convicted in nearly 09 cases. petitioner already stands convicted in nearly 09 cases. 5. I have heard learned counsel for the respective parties and have I have heard learned counsel for the respective parties and have I have heard learned counsel for the respective parties and have gone through the documents appended alongwith the present petition. gone through the documents appended alongwith the present petition. gone through the documents appended alongwith the present petition. 6. respondent does not dispute that the petitioner has already The respondent does not dispute that the petitioner has already The undergone an actual custody of more than 07 years in the present case and that undergone an actual custody of more than 07 years in the present case and that undergone an actual custody of more than 07 years in the present case and that prosecution evidence is concluded. The prolonged trial, however, evidence is so far not concluded. The prolonged trial, however, cannot itself operate as a form of pun operate as a form of punishment prior to conviction. ishment prior to conviction. While it may be true that the petitioner is involved in large number of cases, however, at the be true that the petitioner is involved in large number of cases, however, at the be true that the petitioner is involved in large number of cases, however, at the SUMIT SINGH GUSAIN 2025.10.30 13:26 I attest to the accuracy and integrity of this document 106 CRM CRM-M-56180-2024(O&M) 3 same time, every accused has a right for expeditious trial. Given the facts that same time, every accused has a right for expeditious trial. Given the facts that same time, every accused has a right for expeditious trial. Given the facts that the proceedings have continued for a period of nearly 07 years since the the proceedings have continued for a period of near the proceedings have continued for a period of near petitioner was in custody, I am of the opinion that further incarceration of the petitioner was in custody, I am of the opinion that further incarceration of the petitioner was in custody, I am of the opinion that further incarceration of the petitioner in the present cae is unwarranted. petitioner in the present cae is unwarranted. 7. Accordingly, the instant petition is Accordingly, the instant petition is allowed and the petitioner is ordered to be admitted to regular bail subject to ordered to be admitted to regular b ail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned. 8. It is made clear that the petitioner shall not extend any threat It is made clear that the petitioner shall not extend any threat It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or and shall not influence any prosecution witness in an and shall not influence any prosecution witness in an indirectly. 9. The observation made hereinabove shall not be construed as an The observation made hereinabove shall not be construed as an The observation made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall decide the case expression on the merits of the case and the trial Court shall decide the case expression on the merits of the case and the trial Court shall decide the case available material. on the basis of available material. 29.10.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD S. BHARDWAJ JUDGE Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable : : Yes/No Yes/No SUMIT SINGH GUSAIN 2025.10.30 13:26 I attest to the accuracy and integrity of this document