Punjab-Haryana High Court
Manish Alias Baba vs State Of Haryana And Anr on 11 November, 2024
Neutral Citation No:=2024:PHHC:146885
294.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA
CRA-S-3281-2024
Date of decision: 11.11.2024
Manish alias Baba .... Appellant
Versus
State of Haryana and another .... Respondents
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. Harender S. Rana, Advocate for
Mr. Shailener Singh Momi, Advocate, for the appellant.
Mr. Rajiv Sidhu, DAG, Haryana with SI Balbir Singh.
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GURBIR SINGH,
SINGH J.
1. The present appeal has been filed against the judgment dated
18.05.2024 passed by learned Additional Sessions Judge, Charkhi Dadri
whereby second regular bail application of the appellant filed in case FIR
No.102, dated
ted 18.04.2022, under Sections 148, 149, 323, 341, 506 of IPC
and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (Section 34 of IPC added lateron and
Sections 148, 149 of IPC deleted lateron), registered at Police Station Dadri
City, District Charkhi Dadri, has been dismissed.
2. As per office report, despite having served, no one has put in
appearance on behalf of respondent No.2-complainant.
No.2 complainant.
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Neutral Citation No:=2024:PHHC:146885
3. Learned counsel appearing on behalf of the appellant has
argued that the appellant has been named in the present FIR on the basis of
disclosure statement of co-accused Aman. Appellant was granted bail vide
order dated 04.08.2022 and challan was presented against three accused
including the appellant and all other accused named in the FIR were
exonerated by the police. However, on 25.05.2023, the appellant could not
appear before the Court and his bail was cancelled. Proclamation was
issued against him. He was arrested in some other case. He was produced
before the Court through production warrants on 16.01.2024 and is in
custody since then in this case.
3.1 Learned counsel for the appellant submits that the absence of
the appellant before the trial Court was unintentional. Completion of trial
will take long time. Appellant is being involved in one and the other case.
4. Learned State counsel has opposed the bail to the appellant by
contending that the appellant is habitual offender. He is involved in 13
other cases. He is facing trial in 10 cases and acquitted in three cases.
5. I have heard the submissions of learned counsel for the parties.
6. Considering the fact that it is on the basis of disclosure
statement, appellant has been nominated in the present case; earlier he was
granted bail, but lateron, he absented from the Court and is in custody since
16.01.2024; completion of trial will take long time to conclude; pendency
of other cases is no ground to decline bail, this Court deems it appropriate
to release the petitioner on regular bail.
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Neutral Citation No:=2024:PHHC:146885
7. Accordingly, without commenting on the merits of the case,
the order dated 18.05.2024 passed by learned trial Court is set aside and the
appellant is ordered to be released on regular bail subject to his furnishing
bail bonds/surety bonds to the satisfaction of concerned learned trial Court,
with the further condition that he shall get his mobile number registered in
the trial Court for receiving messages on CIS system and shall not change
his mobile number during the pendency of the case. He shall also furnish
his residential address to the trial Court as well as to the concerned police
station and shall not change his residence without intimation to the
concerned court. The court concerned may impose any other condition as it
deems fit. In case of default, the trial Court is free to cancel the bail granted
to the appellant.
8. The appeal is allowed on the above terms.
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
and the trial Court shall decide the case on the basis of material available
before it.
(GURBIR SINGH)
JUDGE
November 11, 2024
sanjeev
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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