Sunny Dahiya vs. The State Of Haryana

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.933 OF 2023 (ARISING OUT OF SLP (CRIMINAL) NO.11143 OF 2022)

SUNNY DAHIYA APPELLANT(S)

VERSUS

THE STATE OF HARYANA RESPONDENT(S)

O R D E R

Leave granted.

The third bail application filed by the appellant stands dismissed by the impugned order. The appellant has been in custody nearly one year and nine months. It is not in dispute that thirteen out of the thirty one witnesses proposed by the prosecution stand examined. More pertinently, it is not in dispute that ten out of the witnesses examined have turned hostile. This is apparently the plea raised by the appellant as well.

After having heard the learned counsel for the parties without expressing any view relating to the merits of the matter, we deem it appropriate to enlarge the appellant on bail as the case is now mid way through the trial and nearly eighteen witnesses remained to be examined.

Accordingly, the appeal is allowed. The impugned order is set aside. The appellant will be released on bail, subject to such conditions as may be stipulated by the trial court. One such condition shall be that the appellant will report at the Police Station Rajendra Park, District Gurugram, Haryana, twice in a week on Mondays and Thursdays in connection with FIR No.0242, dated Digitally signed by Jagdish Kumar Date: 2023.03.28 17:45:55 IST Reason: Signature Not Verified

30.05.2021 under Sections 307 IPC and Section 25(1)(b) of the Arms Act.

Pending application(s), if any, stand disposed of.

……………………………………………..J. [K. M. JOSEPH]

……………………………………………..J. [B. V. NAGARATHNA]

New Delhi Dated; 27th, March 2023.

ITEM NO.3 COURT NO.3 SECTION II-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Criminal Appeal No(s). 933/2023 (Arising from SLP (Crl.) No.11143/2022)

SUNNY DAHIYA APPELLANT(S)

VERSUS

THE STATE OF HARYANA RESPONDENT(S)

(FOR ADMISSION and I.R. and IA No.179262/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.179263/2022-EXEMPTION FROM FILING O.T. )

Date : 27-03-2023 This appeal was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

• For Appellant(s) Mr. Rajinder Singh, AOR Mr. Gagan Yadav, Adv. Ms. Kajal Deepshikha, Adv.
• For Respondent(s) Mr. Birender Bikram, D.A.G. Dr. Monika Gusain, AOR

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is allowed in terms of the signed order. The impugned order is set aside. The appellant will be released on bail, subject to such conditions as may be stipulated by the trial court. One such condition shall be that the appellant will report at the Police Station Rajendra Park, District Gurugram, Haryana, twice in a week on Mondays and Thursdays in connection with FIR No.0242, dated 30.05.2021 under Sections 307 IPC and Section 25(1) (b) of the Arms Act.

Pending application(s), if any, stand disposed of.

(JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) ASSISTANT REGISTRAR (Original signed order is placed on the file)