Raminder vs State Of Haryana
2022 Latest Caselaw 12650 P&H

Citation : 2022 Latest Caselaw 12650 P&H
Judgement Date : 30 September, 2022

Punjab-Haryana High Court

Raminder vs State Of Haryana on 30 September, 2022

                                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                    AT CHANDIGARH
                            210
                                                                                 CRM-M-44779-2022
                                                                                 Decided on : 30.09.2022

                            Raminder Singh
                                                                                           . . . Petitioner(s)
                                                                Versus
                            State of Haryana
                                                                                        . . . Respondent(s)

                            CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

                            PRESENT: Mr. Randeep S. Dhull, Advocate
                                     for the petitioner(s).

                                          Mr. Vikas Bhardwaj, AAG, Haryana.
                                                               ****

                            SANJAY VASHISTH, J. (Oral)

The instant petition has been filed under Section 439 of the

Code of Criminal Procedure, 1973, for grant of regular bail to the petitioner

- Raminder Singh, who has been booked for having committed the offence

punishable under Sections 420, 406, 467, 468, 471 of IPC and Section 10 of

the Emigration Act,, 1983, in FIR No. 156, dated 11.03.2020, registered at

Police Station Thanesar Sadar, District Kurukshetra, during the pendency of

trial.

At the outset, learned State counsel has filed the custody

certificate dated 29.09.2022 in Court today. Same is taken on record,

subject to all just exceptions. Office to tag the same at appropriate place.

A copy thereof has been handed over to the counsel for the

petitioner.

Learned counsel for the petitioner submits that total dispute in

the matter is of Rs.10,90,000/- and out of which Rs.10,00,000/- have already

been paid back to the complainant. In this regard, learned counsel for the

JAWALA RAM 2022.10.01 14:07 petitioner refers to the bail order dated 24.09.2021 (Annexure P-5), passed in I attest to the accuracy and authenticity of this order/judgment.

the bail petition of co-accused Saloni Saluja, bearing No. CRM-M-37826-

2020 (Saloni Saluja Vs. State of Haryana), wherein, contention has been

noted that "complaint has admitted that out of total amount, Rs.10,00,000/-

has been returned by Vishal and M/s Paul Merchant". Therefore, it is

submitted that now the amount left is Rs.90,000/-.

Learned counsel for the petitioner further submits that the co-

accused Saloni Saluja has already been released on bail vide order dated

24.09.2021 (P-5). He further submits that the case in hand is triable by Ld.

Magistrate and petitioner is inside jail since 26 th October, 2021 i.e. for more

than 11 months. He further submits that there are fairly arguable points

during the course of the trial showing the innocence of the petitioner. He

further submits that further incarceration of the petitioner is not worth in this

case.

Per contra, learned State counsel while vehemently opposing

the prayer and submissions made by learned counsel for the petitioner,

submits that petitioner is an habitual offender and as per the custody

certificate, there are several other cases of similar nature against the

petitioner.

In response to the aforesaid contention, learned counsel for the

petitioner clarifies that his case is on better footings, because his co-accused

Saloni Saluja, who has already been granted the concession of bail by the

Coordinate Bench of this Court vide order dated 24.09.2021 (P-5) is facing

around 35 cases of similar nature.

After hearing learned counsel for the parties and perusing the

relevant material on record with their able assistance, this Court is of the

view that in the case of magisterial trial, accused cannot be kept inside jail

for indefinite period. In the present case, petitioner is inside jail for more JAWALA RAM 2022.10.01 14:07 I attest to the accuracy and authenticity of this order/judgment.

than 11 months. Above all, if the contentions addressed by learned counsel

for the petitioner is taken to be true on his face value, an amount of

Rs.10,00,000/-, out of Rs.10,90,000/- has already gone back to the pocket of

complainant/victim. Thus, plea of bail is worth considerable in the present

case.

Accordingly, prayer made in the present petition is allowed.

Petitioner is ordered to be released on bail in this case, subject to his

furnishing bail/surety bonds to the satisfaction of the learned trial Court/

Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if

not required in any other case.

Needless to observe that the petitioner shall not extend any

threat and shall not influence any prosecution witness in any manner directly