Shiv Kumar @ Shiba vs State Of Haryana
2023 Latest Caselaw 12031 P&H

RAJ KUMAR
2023.08.04 17:09

2023:PHHC: 100900

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
218
CRM-M _No.36947 of 2023
DATE OF DECISION : 4" August, 2023
Shiv Kumar alias Shiba
.... Petitioner
Versus
State of Haryana
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
ke*E*K
Present : Mr. Bhanu Udai, Advocate for
Mr. Vikas Gulia, Advocate for the petitioner.
Mr. Karan Sharma, DAG, Haryana.
OK Ok 3K
RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 439 of the Code of Criminal Procedure, for grant of bail pending trial in case FIR No.116 dated 28.03.2019 registered under Sections 186, 353, 307 & 34 of IPC and Section 25 of the Arms Act, 1959 at Police Station Dharuhera, District Rewari.

2. It is submitted by learned counsel for the petitioner that the case against the petitioner is totally concocted. Otherwise also the petitioner is in custody since 28.03.2019. There are 27 witnesses and only 07 witnesses have been examined so far. There is not even any injury allegedly caused by the petitioner or any one of his alleged companions. The petitioner is not required for any investigation purposes. Therefore, the petitioner deserves to be released on bail

pending trial.

| attest to the accuracy and integrity of this document/judgment

RAJ KUMAR 2023.08.04 17:09

CRM-M _No.36947 of 2023 2023:PHHC: 100900

3. On the other hand, learned counsel for the State being instructed by SI Suresh Kumar, has submitted that the petitioner is habitual offender having four more cases against him. Earlier he was declared as proclaimed offender in one of the case as well. Even the heavy amount of €50,00,000/- (Rupees Fifty Lacs) which was the ransom amount in some other case, was also recovered from the car. However, it is not disputed that the petitioner is in custody from 28.03.2019 and that out of 27 witnesses only 07 witnesses have been examined in the case so far.

4. In view of the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty

Magistrate, concerned.

4" August, 2023 (RAJBIR SEHRAWAT) 'raj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

| attest to the accuracy and integrity of this document/judgment