Number of witnesses to be examined and time period of incarceration to be taken into consideration while granting bail

[CA Bimal Jain]

The Hon’ble Punjab and Haryana High Court in the case of PRAVEEN KUMAR VERSUS STATE OF HARYANA [2024 (1) TMI 811 - PUNJAB AND HARYANA HIGH COURT] 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 PRAVEEN KUMAR VERSUS STATE OF HARYANA [2024 (1) TMI 811 - PUNJAB AND HARYANA HIGH COURT] 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.

Relevant Provision:

Section 439 of the CrPC:

            “Section 439: Special powers of High Court or Court of Session regarding bail.

1. A High Court or Court of Session may direct,--

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section;

(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody………”

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