-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 214 CRM-M No.33886 of 2024 Date of decision : 18.08.2025 Rajesh ... Petitioner Versus State of Haryana .. Respondent CORAM : HON'BLE MR. JUSTICE H. S. GREWAL Present:- Mr. Balraj Gujjar, Advocate for the petitioner. Mr. Tapan Masta, Addl. A.G., Haryana. *** H.S. Grewal, J. (Oral) The present is the second petition which has been filed under Section 439 of Code of Criminal Procedure seeking regular bail in FIR No.758 dated 15.12.2019 under Sections 109, 114, 148, 149, 201, 302, 120-B IPC registered at Police Station Sadar Palwal, District Palwal. 2. The case of the prosecution is that the petitioner alongwith his co- accused had caused injuries to one Krishan resulting in his death. The role attributed to the petitioner in the FIR is that he was carrying a wielding hammer and inflicted injuries on the person of the deceased. Apart from this, the petitioner has been attributed the role of spying and informing the co-accused persons about the location of the deceased. Moreover, the deceased had received 31 injuries on his body. 3. Learned counsel for the petitioner contends that no specific injury has been attributed to the present petitioner and instead of hammer one Bainta (handle of spade) was recovered from him. It is stated that the deceased has suffered multiple blunt injuries on his body. He further contends that an accused Sonia Puri 2025.08.19 18:34 I attest to the accuracy and integrity of this document -2- has a right to speedy trial as the prosecution has delayed the trial. In order to support his contentions, he has placed reliance on a judgment passed by Hon’ble the Apex Court in case titled as “Javed Gulam Nabi Shaikh Vs. State of Maharashtra”: Law Finder Doc Id #2608629. He has also relied upon the judgment passed by a Coordinate Bench of this Court in case no.CRM-M- 39282 of 2024 titled as “Akash @ Diljale Vs. State of Haryana” dated 23.07.2025 stating therein that even at the fag end of the trial, the petitioner is entitled to bail just to enable him to lead his evidence in a proper way. However, the relevant portion of the said judgment reads as under: “ 7. At this juncture, it would be apposite to refer to the judgment passed by this Court in CRM-M-62189-2024 titled Harjinder Singh alias Raj alias Rajinder Singh versus State of Punjab, decided on 16.07.2025 (neutral citation no.2025: PHHC:086951), relevant part thereof reads thus:- “"As the prosecution evidence nears its fag end, the very premise for the continued incarceration of the petitioner is significantly attenuated. The apprehension of the petitioner influencing or tampering with the prosecution witnesses, a common ground for denial of bail, is rendered largely moot in such circumstances. As the venerable legal maxim goes 'Cessante ratione legis, cessatipsa lex' when the reason for the law ceases, the law itself ceases- duly encapsulates within its ambit, the factual milieu of the instant case. The primary rationale for pre- trial detention, securing the integrity of the prosecution's case and ensuring the accused's presence at trial. is substantially diminished when the evidentiary phase of the prosecution is virtually complete. Furthermore, it is a cardinal principle of criminal jurisprudence that the right to a fair trial is paramount, an indispensable facet of which is the accused's opportunity to present a robust defense. Although the right to lead by an accused is regulated by sec 233 Cr.P.C.. nonetheless, it is one of the most valuable rights. A criminal trial is not a one-sided affair; it embodies the adversarial system where both the prosecution and the defense must be afforded an equal, if not greater, opportunity to substantiate their respective cases. To effectively exercise this Sonia Puri 2025.08.19 18:34 I attest to the accuracy and integrity of this document -3- inalienable right to lead defense evidence, the physical liberty of the accused is often an essential factor. A person confined to custody faces considerable impediments in consulting with legal counsel, gathering defense witnesses, and preparing their strategy. Denial of liberty at this advanced stage, when the prosecution's evidentiary edifice is almost complete, can severely cripple the defense, thereby striking at the very root of a fair trial. Audi alteram partem hear the other side - is a fundamental dictate of natural justice, and denying bail when there's no palpable risk of witness tampering would be to render this maxim nugatory. At this juncture, it would be apposite to refer herein to a judgment passed by the Hon'ble Supreme Court in 'GudikantiNarasimhulu and others versus Public Prosecutor, High Court of Andhra Pradesh', 1978 AIR (SC) 429, relevant part thereof reads as “11. We must weight the contrary factors to answer the test the reasonableness, subject to the need for securing the presence of the bail applicant. It makes sense to assume that a man on bail has a better chance to prepare of present his case than one remanded in custody. And if public justice is to be promoted, mechanical detention should be demoted."” 4. On the other hand, learned counsel for the State by way of filing custody certificate opposes the grant of bail on the ground that the entire prosecution evidence is over and the trial is at a fag end and the case is now fixed for defence evidence. He therefore, prays for dismissal of regular bail to the petitioner. 5. I have heard learned counsel for both the parties and have considered the allegations against the petitioner. Although the petitioner has undergone a custody period of 05 years and 08 months as an undertrial and the trial of the case has already made substantial progress. Further, keeping in view the facts and circumstances of the present case, no ground is made out to grant the concession of regular bail to the petitioner. Sonia Puri 2025.08.19 18:34 I attest to the accuracy and integrity of this document -4- 6. Accordingly, the present petition stands dismissed. (H.S. GREWAL) JUDGE August 18, 2025 Sonia Puri Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No Sonia Puri 2025.08.19 18:34 I attest to the accuracy and integrity of this document