Neutral Citation No:=2023:PHHC:103764
CRM-M-18136-2023 2023:PHHC:103764 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
223
CRM-M-18136-2023 (O&M)
Date of decision: 10.08.2023
Vicky @ Vikram
..Petitioner
Versus
State of Haryana
..Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Naveen Kashyap, Advocate for the petitioner.
Mr. Baljinder Singh Virk, Sr. DAG, Haryana.
***
AMAN CHAUDHARY, J.
1. Prayer in the present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.625 dated 23.07.2022, registered under Sections 379-B and 34 IPC, at Police Station Indri, District Karnal.
2. Learned counsel contends that the petitioner is in custody for about a year. He has been falsely implicated. His name surfaced based on the disclosure statement of a co-accused, who is in custody. Charges stand framed on 17.11.2022 but out of 7 prosecution witnesses, none has been examined. The petitioner is involved in two more cases, wherein he is on bail. In this regard, reliance is placed on the judgment of Hon'ble The Supreme Court in Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.
1 of 4 ::: Downloaded on - 11-08-2023 09:10:59 ::: Neutral Citation No:=2023:PHHC:103764 CRM-M-18136-2023 2023:PHHC:103764 2
3. The custody certificate dated 09.08.2023, filed by learned State counsel is taken on record. As per the same, the petitioner is behind bars for 11 months and 25 days.
4. Learned State counsel opposes the bail on the ground that the petitioner had actively participated in the commission of offence and recovery of Rs.800/- was effected from him. He is, however, unable to controvert the submissions made regarding the custody, stage of the trial and the petitioner being on bail in other cases is concerned.
5. Heard.
6. Hon'ble The Supreme Court in the case of Maulana Mohd. Amir Rashadi (Supra) had held that, "As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc."
7. Keeping the facts and circumstances of the case in view, particularly the custody of the petitioner being 11 months and 25 days; his name surfaced based on disclosure statement of the co-accused; on bail in other cases; though charges were framed on 17.11.2022, however, none out of 7 witnesses have yet been examined; the trial is likely to take a considerable time, his further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed.
8. As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety 2 of 4 ::: Downloaded on - 11-08-2023 09:10:59 ::: Neutral Citation No:=2023:PHHC:103764 CRM-M-18136-2023 2023:PHHC:103764 3 bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall abide by the following conditions:-
(i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.
(viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
9. It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.
10. In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would 3 of 4 ::: Downloaded on - 11-08-2023 09:10:59 ::: Neutral Citation No:=2023:PHHC:103764 CRM-M-18136-2023 2023:PHHC:103764 4 not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.
( AMAN CHAUDHARY )
10.08.2023 JUDGE
ashok
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:103764 4 of 4 ::: Downloaded on - 11-08-2023 09:10:59 :::