Punjab-Haryana High Court
Himanshu Sharma vs State Of Haryana on 7 August, 2023
PARVEEN KUMAR
2023.08.08 20:07
2023:PHHC:102654
CRA-S-520-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA-S-520-2023
Date of decision: 07.08.2023
Himanshu Sharma
...Appellant
Versus
State of Haryana
keene Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Mr. Arnav Sood, Advocate,
for the appellant.
Mr. Vishal Malik, DAG, Haryana.
Mr. Kartar Singh Malik, Advocate,
for the complainant.
HARNARESH SINGH GILL, J. (QRAL)
1. Challenge in the present appeal is to the order dated
06.12.2022 passed by learned Addl. Sessions Judge, Rohtak, vide which
application filed by the appellant seeking regular bail in case bearing FIR
No.382 dated 10.09.2022, registered at Police Station IMT, Rohtak, under
Sections 304, 284, 506 and 34 IPC, Section 3(2) (v) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and
Sections 7 and 9 of the Prohibition of Employment as Manual Scavengers
and their Rehabilitation Act, 2013.
2. Learned counsel for the appellant contends that vide letter
dated 13.03.2020, the appellant was appointed as a Chemist with Enviro
Infra Engineers Pvt. Ltd.; that the appellant had no role to play in the
present occurrence; that as per the prosecution version, Devender (son of
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PARVEEN KUMAR
2023.08.08 20:07
2023:PHHC:102654
CRA-S-520-2023
the complainant) and Rupak, who were working as gardener and helper,
respectively, in the Water Treatment Plant, IMT, Rohtak, were forced to get
down in the septic tank/well having poisonous gas, without any safety
measures, resulting into their death. It is further submitted that Sanjay Jain,
one of the Directors of Enviro Infra Engineers Pvt. Ltd., against whom also
the FIR was registered, has been found innocent during investigation for
the reasons best known to the investigating agency. It is further submitted
that the appellant has been in custody since 10.09.2022; that challan stands
presented and that out of 38 prosecution witnesses, none has been
examined so far.
3. On the other hand, learned State counsel and the learned
counsel for the complainant, while opposing the grant of bail to the
appellant, submit that the appellant and co-accused forced Devender and
Rupak to get down in the well without any appropriate safety measures, but
they lost the grip on the rope and fell down in the well and ultimately had
passed away due to inhaling poisonous gas. It is further submitted that the
appellant and the co-accused are responsible for the aforesaid heinous
crime and that material prosecution witnesses are yet to be examined.
4. I have heard the learned counsel for the parties.
5. The appellant was employed as a Chemist with Enviro Infra
Engineers Pvt. Ltd. He has been in custody since 10.09.2022. Sanjay Jain,
one of the Directors of the Company, against whom also the FIR was
registered, has been found innocent during investigation. Challan has been
presented. None of the prosecution witnesses has been examined so far.
Trial is unlikely to conclude any time soon. Therefore, no useful purpose
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2023:PHHC:102654
CRA-S-520-2023
would be served by keeping the appellant behind the bars.
6. In view of the above, without commenting anything on the
merits, lest it should prejudice the case of either side, the present appeal is
allowed; the impugned order dated 06.12.2022 is set aside and the
appellant is ordered to be released on bail on his furnishing bail and surety
bonds to the satisfaction of the learned trial Court/Duty Magistrate.
07.08.2023 (HARNARESH SINGH GILL)
parveen kumar JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
PARVEEN KUMAR
2023.08.08 20:07
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authenticity of this order/judgment
