Being criminally charged under another case, not a hindrance in providing bail

High Court of Punjab and Haryana: A Single Judge Bench of Raj Mohan Singh, J. allowed the petition, wherein the petitioner prayed for grant of regular bail under Section 439 of the Criminal Procedure code, 1973.

The petitioner was alleged to have committed crime under Sections 307, 506, 120-B, 34 of the Penal Code, 1860 and under several provisions of SC/ST Act, 1989 and Arms Act, 1959 for which he was in prison for 1 year and 6 months. The petitioner was already on bail in another case in which he was charged under Section 398/401 of IPC. The petitioner contended that he has the right to a speedy trial where he had already been imprisoned for more than a year. The Court observed that petitioner’s involvement in another case should not be a hindrance to the bail petition filed in this case and made it clear that it’s not giving any opinion on the merits, but only deciding on whether the petitioner should be released on bail. In view of the fact that the trial would take time and petitioner has already been in prison for more than 18 months, regular bail was granted, provided adequate bail bonds/surety bonds is furnished to the trial Court. [Anil v. State of Haryana, 2018 SCC OnLine P&H 975, dated 01-05-2018]

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