Praveen Kumar Vs State of Haryana (Punjab and Haryana High Court)
Introduction: In a recent landmark judgment, the Hon’ble Punjab and Haryana High Court granted bail to Praveen Kumar, the accused in a case involving charges under IPC and the CGST Act. The court considered crucial factors such as the number of witnesses and the duration of the petitioner’s incarceration.
The Hon’ble Punjab and Haryana High Court in the case of Praveen Kumar v. State of Haryana [CRM-M-No. 37424 of 2023 dated January 16, 2024] granted the bail to the Accused on the ground that, the Accused has been incarcerated for a long period of time and the trial is at the end stage with only two formal witnesses to be examined.
Facts:
Praveen Kumar (“the Petitioner”) filed an application for grant of regular bail under Section 439 of the Code of Criminal Procedure, 1973 (“the CrPC”), pertaining to FIR under Section 420, 467, 468, 201 and 120-B of IPC and Section 132(1)(b) and 132(1)(c) of Central Goods Services Tax Act, 2017 (“the CGST Act”).
Held:
The Hon’ble Punjab and Haryana High Court in the case of CRM-M-No. 37424 of 2023 held that only two formal witnesses have been examined. Also, the Petitioner has been incarcerated for a period of more than two years. Therefore, the Hon’ble High Court directed the Petitioner to be released on bail and surety bonds subject to the satisfaction of concerned Trial Court/Duty Magistrate.
Conclusion: The Praveen Kumar vs. State of Haryana case highlights the significance of considering the number of witnesses and the duration of incarceration when granting bail. The Hon’ble Punjab and Haryana High Court’s decision demonstrates a meticulous examination of legal provisions, balancing the petitioner’s rights with the progression of the trial. This case serves as a precedent for future bail considerations, emphasizing the importance of a case-specific analysis in alignment with the principles of justice.
Relevant Provision:
Section 439 of the CrPC:
“Section 439: Special powers of High Court or Court of Session regarding bail.
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