Deepak vs State Of Haryana
2024 Latest Caselaw 7960 P&H

Punjab-Haryana High Court

Deepak vs State Of Haryana on 16 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                 2024:PHHC:051180

                             In The High Court for the States of Punjab and Haryana
                                             At Chandigarh



                                                               CRM-M-8284-2024 (O&M)
                                                               Date of Decision:- 16.04.2024


                             Deepak                                               ... Petitioner


                                                           Versus


                             State of Haryana                                     ... Respondent



                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL



                 Present:-          Mr. Ashish Gupta, Advocate, for the petitioner.

                                    Mr. Ramender Singh Chauhan, AAG, Haryana.

                                    *****

                   FIR DATE                 POLICE STATION            OFFENCES
                   NO.
                      461      12.12.2021 City      Sohna,    District 34, 457, 380, 436 IPC (Section
                                             Gurugram                  120-B IPC added and Section
                                                                       34 IPC deleted later on)


                 GURVINDER SINGH GILL, J. (Oral)

1. The instant petition has been filed on behalf of the petitioner seeking

grant of regular bail in respect of aforementioned FIR.

2. It is contended by learned counsel for the petitioner that he is nowhere

named in the FIR and came to be nominated pursuant to disclosure

statement made by co-accused Khem Chand and Rohit and that the

veracity and admissibility of such like disclosure statements would be

integrity of this order/judgment CRM-M-8284-2024 (O&M) -2- 2024:PHHC:051180

debatable. It has been submitted that the petitioner has been behind

bars since the last about 10 months and since co-accused namely

Khem Chand, Gaurav and Rohit have already been granted bail,

therefore, the petitioner also deserves the same concession on the

ground of parity.

3. Opposing the petition, learned State counsel submitted that since

upon arrest of the petitioner, gold ornaments weighing about 106.48

grams were recovered, his complicity is clearly evident. Learned

State counsel has not disputed that the petitioner has been behind bars

since the last about 10 months and some of the co-accused have been

granted bail. It has however, been informed that the petitioner is not

involved in any other case and that only 1 out of cited 16 PWs has

been examined till date.

4. This Court has considered the rival submissions.

5. Admittedly, the petitioner came to be nominated pursuant to a

disclosure statement made by co-accused, the admissibility of which

would be debatable. In any case, the petitioner has been behind bars

since the last about 10 months and otherwise enjoys a clean record.

Some of his co-accused have already been granted bail. Conclusion

of trial is likely to take time inasmuch as only 1 out of cited 16 PWs

has been examined till date. Under these circumstances, no useful

purpose would be served by further detaining the petitioner behind

bars. The petition, as such, is accepted and the petitioner is ordered to

be released on regular bail on his furnishing bail bonds/surety bonds

integrity of this order/judgment CRM-M-8284-2024 (O&M) -3- 2024:PHHC:051180

to the satisfaction of learned trial Court/Chief Judicial

Magistrate/Duty Magistrate concerned.

                 16.04.2024                                        ( GURVINDER SINGH GILL)
                 mohan                                                       JUDGE


                                    Whether speaking /reasoned             Yes / No

                                    Whether Reportable                     Yes / No







integrity of this order/judgment