Punjab-Haryana High Court
Surender Singh vs State Of Haryana on 5 September, 2023
CRM-M-38853-2023 and other connected cases 2023:PHHC:117024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
217-1 CRM-M-38853-2023
Date of Decision: 05.09.2023
Surender Singh ...Pe oner
Versus
State of Haryana ...Respondent
217-2 CRM-M-39049-2023
Dr. Jaiveer Yadav and others ...Pe oners
Versus
State of Haryana ...Respondent
217-3 CRM-M-39054-2023
Jagdish Singh ...Pe oner
Versus
State of Haryana ...Respondent
217-4 CRM-M-39062-2023
Geeta Devi ...Pe oner
Versus
State of Haryana ...Respondent
217-5 CRM-M-40356-2023
Neeraj Kumar ...Pe oner
Versus
State of Haryana ...Respondent
217-6 CRM-M-40747-2023
Kuldhir Singh ...Pe oner
Versus
State of Haryana ...Respondent
JYOTI
2023.09.11 15:56
I attest to the accuracy and
integrity of this order/judgment. 1
CRM-M-38853-2023 and other connected cases 2023:PHHC:117024
217-7 CRM-M-39441-2023
Meena Kumari ...Pe oner
Versus
State of Haryana ...Respondent
217-8 CRM-M-40291-2023
Ashok Kumar and another ...Pe oners
Versus
State of Haryana ...Respondent
218 CRM-M-39157-2023
Pawan Kumar ...Pe oner
Versus
State of Haryana ...Respondent
220 CRM-M-41414-2023
Rakesh Kumar ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Inder Pal Goyat, Advocate,
for the pe oner(s) in CRM-M-38853-2023, CRM-M-40747-2023,
CRM-M-39441-2023 and CRM-M-39157-2023.
Mr. P.K. Chugh, Advocate,
for the pe oners in CRM-M-39049-2023 and CRM-M-40291-2023.
Mr. Narender Kaajla, Advocate,
for the pe oner in CRM-M-39054-2023.
Mrs. Baljit Mann, Senior Advocate with
Ms. Bisman Mann and Mr. Rishav Soni, Advocates,
for the pe oner in CRM-M-39062-2023.
Mr. Kamaldeep Sehra, Advocate,
for the pe oner in CRM-M-40356-2023.
JYOTI
2023.09.11 15:56
I attest to the accuracy and
integrity of this order/judgment. 2
CRM-M-38853-2023 and other connected cases 2023:PHHC:117024
Mr. S.N. Pillania, Advocate,
for the pe oner in CRM-M-41414-2023.
Mr. Rajat Gautam, Addl. Advocate General, Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons
20 18.10.2005 State Vigilance 13 of Preven on of Corrup on Act,
Bureau, Hisar 1988 and Sec ons 420, 467, 468, 471,
120-B IPC
1. The common ques ons of law and fact involved in these pe ons, therefore, all
the pe ons are taken together, for brevity, facts are being taken from CRM-M-38853-
2023.
2. The pe oner(s) apprehending arrest in the FIR cap oned above had come up
before this Court under Sec on 438 CrPC seeking an cipatory bail.
3. The arrest of the pe oner(s) was stayed by the co-ordinate Bench of this Court,
which is con nuing ll date.
4. Counsel for the pe oners submits that interim be made absolute and they would
have no objec on, if the trial is expedited and they undertake not to delay the trial
under any pretext whatsoever. They further submit that they would have no objec on
in case, this Court might impose any stringent condi ons to the pe oner(s),
whatsoever.
5. The state's counsel opposes the bail and states that considering the allega ons,
the pe oner's custodial interroga on is necessary.
REASONING:
6. The prosecu on's case is that the complainant and others pointed out
irregulari es and malprac ces commi ed by the members of Haryana Public Service
Commission in the selec on process of Haryana Civil Services (Execu ve) 2004. The
allega ons are that the selec on process of said examina on was not fair or based on
merit, rather the selec on was influenced by poli cal and extraneous considera ons.
During the inves ga on some sketchy things were found in the answer sheets of the
candidates such as over wri ng, change in hand wri ng, change in marks, which effect
the selec on zone.
7. The pe oner(s) was granted interim protec on, and during the interregnum,
JYOTI
2023.09.11 15:56
I attest to the accuracy and
CRM-M-38853-2023 and other connected cases 2023:PHHC:117024
there is no allega on that he had in midated witnesses or that he had hampered the
inves ga on. Given the above, there would be no jus fica on to discon nue the interim
protec on, and the same is made absolute subject to the pe oner(s) complying with
the terms of the bail order and the following addi onal condi ons.
8. The pe oner(s) is directed to join the inves ga on as and when called by the
Inves gator. The pe oner(s) shall be in deemed custody for Sec on 27 of the Indian
Evidence Act. The pe oner(s) shall join the inves ga on as and when called by the
Inves ga ng Officer or any Superior Officer; and shall cooperate with the inves ga on
at all further stages as required. In the event of failure to do so, it will be open for the
prosecu on to seek cancella on of the bail. Whenever the inves ga on occurs within
the police premises, the pe oner(s) shall not be called before 8 AM, let off before 6
PM, and shall not be subjected to third-degree, indecent language, inhuman treatment,
etc.
9. The pe oner(s) shall not influence, browbeat, pressurize, make any inducement,
threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any
other person acquainted with the facts and the circumstances of the case, to dissuade
them from disclosing such facts to the Police, or the Court, or to tamper with the
evidence.
10. Pe oner(s) to comply with their undertaking made in the bail pe on, made
before this court through counsel as reflected at the beginning of this order or in earlier
orders. If the pe oner(s) fails to comply with any of such undertakings, then on this
ground alone, the bail might be canceled, and the vic m/complainant may file any such
applica on for the cancella on of bail, and the State shall file the said applica on.
11. During the trial's pendency, if the pe oner repeats or commits any offence
where the sentence prescribed is more than seven years or violates any condi on as
s pulated in this order, it shall always be permissible to the respondent to apply for
cancella on of this bail. It shall further be open for any inves ga ng agency to bring it to
the no ce of the Court seized of the subsequent applica on that the accused was earlier
cau oned not to indulge in criminal ac vi es. Otherwise, the bail bonds shall remain in
force throughout the trial and a er that in Sec on 437-A of the Cr.P.C., if not canceled
due to non-appearance or breach of condi ons.
12. In return for the protec on from incarcera on, the Court believes that the
accused shall also reciprocate through desirable behavior. It is clarified that in case the
pe oner(s) does not mend his ways and repeats the offence or indulge in criminal
JYOTI
2023.09.11 15:56
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CRM-M-38853-2023 and other connected cases 2023:PHHC:117024
behaviour, then in all future ma ers, the concerned courts shall keep it as a factor that
this court had afforded a final opportunity to the pe oner(s) to reform and live a
normal life but did not improve.
13. The condi ons men oned above imposed by this Court are to endeavour that the
accused does not repeat the offence and to provide an opportunity to the vic m to
consider legal remedies for recovery of the amount. In Mohammed Zubair v. State of
NCT of Delhi, 2022:INSC:735 [Para 28], Writ Pe on (Criminal) No 279 of 2022, Para 29,
decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that
"The bail condi ons imposed by the Court must not only have a nexus to the purpose
that they seek to serve but must also be propor onal to the purpose of imposing them.
The courts, while imposing bail condi ons, must balance the liberty of the accused and
the necessity of a fair trial. While doing so, condi ons that would result in the
depriva on of rights and liber es must be eschewed."
14. Any Advocate for the pe oner(s) and the Officer in whose presence the
pe oner(s) puts signatures on personal bonds shall explain all condi ons of this bail
order in any language that the pe oner(s) understands.
15. If the pe oner(s) finds the bond amount beyond social and financial reach, it may
be brought to the no ce of this Court for appropriate reduc on. Further, if the
pe oner(s) finds bail condi on(s) as viola ng fundamental, human, or other rights, or
causing difficulty due to any situa on, then for modifica on of such term(s), the
pe oner(s) may file a reasoned applica on before this Court, and a er taking
cognizance, even to the Court taking cognizance or the trial Court, as the case may be,
and such Court shall also be competent to modify or delete any condi on.
16. This order does not, in any manner, limit or restrict the rights of the Police or the
inves ga ng agency from further inves ga on as per law.
17. In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns
another sec on of any penal offence in this FIR, and if the new sec on prescribes
maximum sentence which is not greater than the sec ons men oned above, then this
bail order shall be deemed to have also been passed for the newly added sec on(s).
However, suppose the newly inserted sec ons prescribe a sentence exceeding the
maximum sentence prescribed in the sec ons men oned above, then, in that case, the
Inves gator/Officer-In-Charge shall give the pe oner(s) no ce of a minimum of seven
days providing an opportunity to avail the remedies available in law.
JYOTI
2023.09.11 15:56
I attest to the accuracy and
CRM-M-38853-2023 and other connected cases 2023:PHHC:117024
18. The trial is expedited and the pe oner(s) is directed to comply with the
undertaking given through their counsel. It is clarified that in case any of the
pe oner(s) tries to delay the ma er, then on this ground alone, it shall be permissible
for the State to file an applica on for cancella on of bail before the trial Court itself.
19. Any observa on made hereinabove is neither an expression of opinion on the
merits of the case nor shall the trial Court advert to these comments.
20. There would be no need for a cer fied copy of this order for furnishing bonds, and
any Advocate for the Pe oner(s) can download this order along with case status from
the official web page of this Court and a est it to be a true copy. In case the a es ng
officer wants to verify the authen city, such an officer can also verify its authen city and
may download and use the downloaded copy for a es ng bonds.
Pe ons allowed and interim orders are made absolute. All pending applica ons, if
any, stand disposed.
(ANOOP CHITKARA)
JUDGE
05.09.2023
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
JYOTI
2023.09.11 15:56
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