Punjab-Haryana High Court
Krishan Alias Pada vs State Of Haryana on 10 May, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:065850
CRM-M-22724 of 2024 -1- 2024:PHHC:065850
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
212
CRM-M-22724 of 2024
Date of Decision: 10.05.2024
Krishan @ Pada ..... Petitioner
Versus
State of Haryana ..... Respondent
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Sanpreet Sandhu, Advocate
for the petitioner.
Mr. Surender Singh Pannu, Addl. A.G., Haryana.
*****
SANDEEP MOUDGIL, J (ORAL)
This is a petition seeking regular bail to the petitioner in FIR
No.18, dated 10.01.2024, under Sections 25(1-B)(a) of the Arms Act, 1959,
registered at Police Station City Hansi, District Hisar.
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the case. He further submits that it is a case of
no injury and there is only recovery of .32 bore illicit pistol along with 5 live
cartridges. The petitioner is categoric to assert that he has no concern with
the aforesaid alleged weapon but has been roped in the FIR merely on the
basis of disclosure statement of co-accused Gaurav @ Golu only.
Learned State counsel, on the other hand, has produced the copy
of the custody certificate, which is taken on record and he prays for
dismissal of the instant petition stating that the petitioner is a habitual
offender as is involved in multiple other cases. However, there is no dispute
on behalf of the State to the fact that it is a case of no injury and only
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recovery as has been alleged against the petitioner is .32 bore pistol along
with 5 live cartridges and no case under Section 25(1-B)(a) of the Arms Act,
1959 has been made out.
As far as the details of other cases are concerned, in FIR No.17
dated 10.02.2015, the petitioner had been released on bail, vide order dated
24.04.2023 and another two FIRs i.e. FIR No.85 of 2018 and FIR No.16 of
2015, he stands acquitted.
Be that as it may, having gone through the custody certificate,
the petitioner has suffered incarceration of 03 months and 29 days and
considering the fact that investigation is complete, challan stands filed on
07.03.2024 and the fact that out of total 12 prosecution witnesses, none has
been examined so far which is sufficient to infer for this Court that the trial
will take long time, no useful purpose would be served by keeping the
petitioner behind the bars for uncertain period, wherein bail is a rule and jail
is an exception and it would also violate the principle of right to speedy trial
and expeditious disposal under Article 21 of Constitution of India, 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.
As far as the pendency of other cases and involvement of the
petitioner in 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, while
referring Article 21 of the Constitution of India, this Court has held that no
doubt, at the time of granting bail, the criminal antecedents of the petitioner
are to be looked into but at the same time it is equally true that the
appreciation of evidence during the course of trial has to be looked into with
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reference to the evidence in that case alone and not with respect to the
evidence in the other pending cases.
In view of the above, 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.
The present petition is, hereby, allowed.
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)
10.05.2024 JUDGE
D.Bansal
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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