Punjab-Haryana High Court
Parneet Singh Gill vs State Of Haryana on 5 April, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:046690
209 2024:PHHC:046690
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-15565-2024
DECIDED ON: 05.04.2024
PARNEET GILL
.....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. P.B.S. Goraya, Advocate
for the petitioner.
Mr. Gurbir Singh Dhillon, AAG Haryana.
SANDEEP MOUDGIL, J (ORAL)
1. The jurisdiction of this Court has been invoked under Section 439
Cr.P.C., seeking regular bail to the petitioner in FIR No.101, dated 05.05.2023,
under Sections 420, 406 and 120-B of IPC and Sections 10 & 24 of Immigration
Act, registered at Police Station Ismailabad, Kurukshetra.
2. Learned counsel for the petitioner submits that the petitioner submits
that the petitioner has been falsely implicated in the present case. He further submits
that the petitioner is not the owner of travel agency. He has drawn attention of this
Court to an order dated 26.02.2024 (Annexure P-1) passed in CRM-M-8899-2024
vide which co-accused namely Firoz Khan @ Romi has already been granted the
concession of regular bail by this Court and submits that the petitioner is on much
better footing from him, since he has received only a meagre amount i.e.,
Rs.11,000/-. Apart from the fact that main accused namely Najma Begam, from
whom the recovery of Rs. 18,00,000/- has been effected has also been granted the
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concession of anticipatory bail vide order dated 16.10.2023 (Annexure P-2) passed
in CRM-M-26147-2023.
3. Learned State counsel has filed the custody certificate of the petitioner,
which is taken on record. He prays for dismissal of the present petition on the
ground that the petitioner is a habitual offender, who is involved in multiple cases,
though could not controvert the fact that main accused has already been granted the
concession of anticipatory bail.
4. Heard, learned counsel for the respective parties.
5. Be that as it may, considering the fact that admittedly the main accused
is Najma Begam, who has already been granted the anticipatory bail by this Court
and nothing is to be recovered from the possession of the petitioner added with the
fact that conclusion of trial shall take sufficient time, as out of total 20 prosecution
witnesses, none has been examined so far after framing of charges on 28.11.2023,
no useful purpose would be served by keeping the petitioner behind bars for an
uncertain period, which would amount to infringement of his right to life and
liberty, as enshrined under Article 21 of Constitution of India and is against the
principle "bail is a rule and jail is an exception", as has been time and again
discussed by this Court, while relying upon the judgment of the Apex Court passed
in Dataram Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal)
131.
6. As far as the contention of learned State counsel with regard to
pendency of other cases is concerned, reliance can be placed upon the order of this
Court rendered in CRM-M-25914-2022 titled as "Baljinder Singh alias Rock vs.
State of Punjab" decided on 02.03.2023, wherein, this Court observed that
pendency of other FIRs involving the accused-petitioner cannot be a predicament to
consider the case for anticipatory bail or regular bail, as the evidence of the material
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involved in those FIRs can be treated in those cases alone and not material in
instant FIR against the accused-petitioner to hold him guilty.
7. In light of the above discussions made hereinabove, the petitioner is
directed to be released on regular bail on his furnishing bail and surety bonds to the
satisfaction of the trial Court/Duty Magistrate, concerned.
8. The present petition is hereby allowed.
9. However, it is made clear that anything stated hereinabove shall not be
construed as an expression of opinion on the merits of the case.
(SANDEEP MOUDGIL)
05.04.2024 JUDGE
Meenu
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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