2020 (10) TMI 1327 - HC - GST

Seeking grant of Regular Bail - framing of charges - examination of PWs has not yet been commenced - HELD THAT - Keeping in view the fact that the examination of PWs has not been commenced and that co-accused of the petitioner namely Nitish Singhal has been granted regular bail by this Court vide order dated 26.8.2020 (Annexure P-10) it is deemed appropriate to grant regular bail to the petitioner. Petition allowed.

Summary

Issues:
1. Bail application under Sections 420, 467, 468, 471, 120-B and 201 IPC.
2. Delay in commencement of examination of PWs.
3. Grant of bail to co-accused.

Analysis:
The judgment delivered by Justice Sudhir Mittal of the Punjab & Haryana High Court pertains to a bail application filed by the petitioner in a case registered under Sections 420, 467, 468, 471, 120-B, and 201 of the Indian Penal Code. The petitioner had been in custody since June 21, 2019, and argued that since charges had been framed but the examination of Prosecution Witnesses (PWs) had not commenced, the trial was unlikely to conclude promptly. The petitioner's counsel highlighted that a co-accused, Nitish Singhal, in a similar situation, had been granted regular bail by the court.

The State counsel acknowledged the delay in commencing the examination of PWs and the grant of bail to the co-accused, Nitish Singhal. Considering these factors, Justice Sudhir Mittal deemed it appropriate to grant regular bail to the petitioner. The court relied on the precedent of granting bail to a similarly situated co-accused and the delay in the trial proceedings to justify the decision. Consequently, the petition was allowed, and the petitioner was ordered to be released on bail upon furnishing bail and surety bonds to the satisfaction of the trial Court or Duty Magistrate concerned. This judgment showcases the court's discretion in granting bail based on the circumstances of the case, including the progress of trial proceedings and the parity principle in bail decisions involving co-accused.