Punjab-Haryana High Court
Sahil Alias Patrol vs State Of Haryana on 24 August, 2023
CRM-M-2571-2023 2023:PHHC:110825
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
222
CRM-M-2571-2023
Date of decision: 24.08.2023
Sahil @ Patrol
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Rohit Sharma, Advocate for
Mr. Lupil Gupta, 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
the grant of regular bail to the petitioner in case FIR No.56, dated 05.04.2021,
registered under Sections 472, 384, 364-A and 120-B IPC, at Police Station
Baragudha, District Sirsa.
2. Learned counsel contends that the petitioner is in custody for 02 years
and about 05 months. His name surfaced based on disclosure statement of the co-
accused-Jashandeep, who and similarly situated co-accused Yadwinder @ Yadi,
Gunjan Kumar, Harsh Kumar @ Gyani, Jashandeep and Boota Singh have been
granted regular bail by this Court vide orders dated 15.11.2022 and 16.12.2022
Annexures P-2 and P-3, respectively after they had been in custody for much
lesser period. Charges were framed on 22.09.2021 and complainant as well as the
eye-witness and one more formal witness stand examined. In all there are 18 PWs
to be examined. The petitioner is not involved in any other case.
Ankur Goyal
2023.08.24 18:36
I attest to the accuracy and
integrity of this order/judgment
CRM-M-2571-2023 2023:PHHC:110825
3. Learned State counsel opposes the bail on the ground that the
petitioner had actively participated in the commission of offence along with co-
accused and Rs.30,000/- and a baseball bat had been recovered from him pursuant
to his disclosure statement. The examination-in-chief of eye-witness and
complainant has been recorded. He is however unable to controvert the
submissions with regard to stage of the case, co-accused have been granted bail
and the petitioner is not involved in any other case.
4. Heard.
5. Considering the facts and circumstances of the case, in particular that
the petitioner is in custody for the last 02 years, 04 months and 17 days; not
involved in any other case; co-accused have been enlarged on bail; though charges
were framed on 22.09.2021 however, only 3 out of 21 prosecution witnesses have
been examined; the trial is likely to take a considerable time, thus his further
incarceration would not serve any useful purpose, the present petition for grant of
regular bail deserves to be allowed.
6. As a result, the present petition is allowed. The petitioner is ordered
to be released on regular bail, subject to his furnishing bail/surety bonds to the
satisfaction of trial Court/Duty Magistrate concerned and subject to him 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.
Ankur Goyal
2023.08.24 18:36
I attest to the accuracy and
integrity of this order/judgment
CRM-M-2571-2023 2023:PHHC:110825
(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.
7. 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.
8. In view of the above, it is clarified that the observations made herein
are limited for the purpose of present proceedings and would not be construed as
an opinion on the merits of the case and the trial would proceed independently of
the aforesaid observations.
(AMAN CHAUDHARY)
JUDGE
24.08.2023
Ankur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Ankur Goyal
2023.08.24 18:36
I attest to the accuracy and
integrity of this order/judgment
