Punjab-Haryana High Court
Raj Kumar vs State Of Haryana on 26 April, 2023
CRM-M-51701-2022 -1-
213
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-51701-2022
Date of Decision: 26.04.2023
Raj Kumar ..... Petitioner
Versus
State of Haryana ..... Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present: Mr. Ajay Singh, Advocate
for the petitioner.
Mr. Amrik Narwal, DAG, Haryana.
*****
HARSH BUNGER J. (ORAL)
Prayer in the present petition, filed under Section 439 of the
Code of Criminal Procedure, is for grant of regular bail to the petitioner in
case FIR No.169, dated 25.05.2022, under Sections 393/34 of the Indian
Penal Code (which was later on replaced with Section 379-A IPC), at Police
Station Sector 14, District Gurugram.
2. A status report by way of affidavit of Kapil Ahlawat, H.P.S.,
Assistant Commissioner of Police, Old Gurugram on behalf of
respondent/State of Haryana has been filed in this case which is already on
record.
3. Custody certificate dated 25.04.2023 of the petitioner is filed by
the learned State counsel in Court today and the same is taken on record,
subject to all just exceptions.
HIMANI GUPTA
2023.04.29 15:52
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
4. Brief facts of the present case are that on 24.05.2022 at about
6:00 P.M., Parishit Sharma (complainant) was standing near old DLF,
gate of Sector 14, suddenly two boys came on Activa Scooter bearing
No.HR 26 ER 7360 and snatched away the mobile phone (Green Mint
colored Samsung A22) along with SIM No.96269477359 of the complainant
and went towards MG Road. Thereafter, with the help of a passer by, the
complainant followed the Activa Scooter and caught them in front of
Kaisifly shop. But both the boys managed to ran away from there after
pushing the complainant, leaving behind the scooter along with the mobile
phone of the complainant and mobile phone of the complainant got
damaged. Accordingly, the present FIR was registered.
5. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. It is submitted that the
alleged scooter which was used in commission of the offence does not
belong to the petitioner. It is further submitted that petitioner is not named in
the present FIR nor is he involved in any other case. Learned counsel for the
petitioner submits that the petitioner has been in custody since 25.05.2022;
the investigation of the present case is complete, challan stands presented
against the petitioner on 20.07.2022 and even charges have been framed on
12.09.2022. It is stated that out of 07 witnesses, no witness has been
examined till date and the trial would take some time and the petitioner is
ready to abide by all the conditions as may be imposed by this Court or by
the trial Court; accordingly prayer for grant of regular bail is made.
6. Learned State counsel opposes the plea of petitioner for grant of
regular bail on the ground of seriousness of the offence, however, it is not
disputed that the petitioner has been in custody for 11 months (as on
HIMANI GUPTA
2023.04.29 15:52
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
25.04.2022), challan has already been presented on 20.07.2022 and charges
have been framed on 12.09.2022. It is also not disputed that the petitioner is
not involved in any other case.
7. I have heard learned counsel for the parties and perused the
paper book, status report as well as custody certificate filed by learned State
counsel, in Court today.
8. In this case, the petitioner is not named in the FIR and he has
been in custody for 11 months (as on 25.04.2023), challan has already been
presented and even charges have been framed. As per Status Report, there
are 07 witnesses, however, no one has been examined. The trial is likely to
take long time and no useful purpose would be served by keeping the
petitioner behind the bars for indefinite period.
9. Keeping in view the aforementioned circumstances, the instant
petition is allowed and the petitioner is ordered to be released on regular bail
subject to his furnishing bail/surety bonds to the satisfaction of the Chief
Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned. However,
the concerned Station House Officer shall be informed about the release of
petitioner and the petitioner shall inform the concerned Station House
Officer about his address at which he intends to reside during the pendency
of case and any change in the address shall also be communicated to the
concerned Station House Officer, forthwith. The petitioner would also
furnish his telephone number to the concerned Station House Officer. He
would also furnish his undertaking to the effect that he will not indulge in
any illegal activity, during the pendency of the trial.
10. The petitioner shall appear before the police station concerned
on first Monday of every month till the conclusion of the trial.
HIMANI GUPTA
2023.04.29 15:52
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
11. In addition, the petitioner (or any one on his behalf) shall
prepare an FDR in the sum of Rs.50,000/- and deposit the same with the
Trial Court. The same would be liable to be forfeited as per law, in case of
the absence of the petitioner from trial without sufficient cause.
12. Nothing expressed hereinabove shall be construed to be an
observation on merits of the case and the facts and circumstances recorded
above are only for consideration of the prayer for bail at this stage.
13. The petition is accordingly disposed of.
26.04.2023 (HARSH BUNGER)
Himani JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
HIMANI GUPTA
2023.04.29 15:52
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
