Punjab-Haryana High Court
Pushpinder Kumar Pandey vs State Of Punjab on 20 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:151857
CRM-M-56569-2024 (O&M) 1
225
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-56569-2024 (O&M)
Date of Decision : 20.11.2024
Pushpinder Kumar Pandey
.....Petitioner
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. H.K Brinda, Advocate for the petitioner.
Mr. R.S. Thind, DAG Punjab
KIRTI SINGH, J.(Oral)
1. The jurisdiction of this Court under Section 483 BNSS has been
invoked for grant of regular bail to the petitioner in case FIR No.0016 dated
22.03.2024 registered under Sections 457/380 IPC (Sections 120-B, 201 IPC added
later on), registered at Police Station Sadar Rupnagar, Tehsil & District Rupnagar.
2 Succinct factual narrative relevant for the disposal of the instant
petition is that on 18.03.2024, complainant Sukhwinder Singh, Chief Chemist,
Guru Gobind Singh Super Thermal Plant (in short GGSSTP), Rupnagar, moved a
complaint averring therein that on 18.03.2024, at about 09:00 a.m., when the
officials of the coal laboratory of the plant reached office, they found that the locks
of the main doors of the laboratory and strong room were broken and 16 referral
samples of M/s. MDCWL, which were kept in the locked almirah of strong room
at laboratory, were also found in damaged condition. It was further averred by the
complainant in his complaint that an attempt was made to tamper the samples and
CCTV equipment containing the recordings was also stolen. On the basis of
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aforementioned complaint, the FIR in question was lodged against unknown
person(s).
3. Learned counsel for the petitioner inter alia submits that the
petitioner has been falsely implicated in this case. He further submits that the
petitioner has undergone actual custody of 06 months and 21 days and there is no
other criminal case pending against him. He further submits that similarly situated
co-accused Varun Singh has been granted the concession of regular bail by this
Court vide order dated 12.09.2024 (Annexure P3) passed in CRM-M-30515-2024
and co-accused Arvind Kumar has been granted the concession of regular bail by
this Court vide order dated 11.11.2024 passed in CRM-M-54419-2024. He has
placed reliance upon judgments passed by Hon'ble Supreme Court in Special
Leave to appeal (Crl.) No. 9817/2024 titled as Bibhav Kumar vs. State of NCT of
Delhi, decided on 12.07.2024 and Criminal Appeal No. SLP(Crl.) 5416/2024 titled
as Prem Prakash vs. Union of India through the Directorate of Enforcement,
decided on 28.08.2024.
4. Learned State counsel has filed the custody certificate in Court today,
which is taken on record. As per custody certificate, the petitioner has undergone
an actual custody of 06 months and 21 days and there is no other criminal case
registered against him. However in view of the serious allegations against the
petitioner, he is not entitled to the concession of regular bail.
5. Heard the rival submissions made by learned counsel for the parties.
6. The veracity of the allegations leveled against the petitioner shall be
established during the course of the trial. The petitioner has undergone an actual
custody of 06 months and 21 days. The petitioner has clean antecedents and no
other case is registered against him. Similarly situated co-accused Varun Singh
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has been granted the concession of regular bail by this Court vide order dated
12.09.2024 (Annexure P3) passed in CRM-M-30515-2024. The conclusion of the
trial will take considerable time and further incarceration will not serve any
purpose.
7. Without commenting anything on the merits of the case, lest it may
prejudice the trial, the present petition is allowed and the petitioner is ordered to be
released on regular bail on his furnishing adequate bail/surety bonds to the
satisfaction of the concerned learned trial Court/Duty Magistrate. The petitioner
shall also abide by the following conditions:-
(i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/intimidate the prosecution
witness(s).
(iii) The petitioner will appear before the trial Court on the date fixed,
unless personal presence is exempted.
(iv) The petitioner shall not commit an offence similar to the offence
of which she is accused of, or for commission of which she is
suspected.
(v) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade her from disclosing such facts to the
Court or to any police officer or tamper with the evidence.
8. In case of breach of any of the above conditions, the prosecution shall
be at liberty to move an application for cancellation of bail before this Court.
9. However, nothing stated above shall be construed as a final
expression of opinion on the merits of the case and the trial Court would proceed
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independently of the observations made in the present case which are only for the
purpose of adjudicating the present bail petition.
Pending application(s), if any, also stands disposed of.
(KIRTI SINGH)
20.11.2024 JUDGE
Ramandeep
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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