Punjab-Haryana High Court
Ansar vs State Of Haryana on 3 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:114748
CRM-M-30956-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.210 CRM-M-30956-2024 (O&M)
Date of decision : 03.09.2024
Ansar ..... Petitioner
VERSUS
State of Haryana ..... Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Afjal Hussain, Advocate and
Dr. Kirandeep Kaur, Advocate, for the petitioner.
Mr. Gaurav Bansal, DAG, Haryana.
*****
KIRTI SINGH, J. (Oral)
1. The jurisdiction of this Court under Section 439 Cr.P.C. has
been invoked for grant of regular bail to the petitioner in case FIR No.36
dated 04.02.2020, under Sections 302 & 397 of IPC (Section 201 IPC and
Section 25 of the Arms Act, 1959 added later on), registered at Police
Station Punhana, District Nuh.
2. Succinct factual narrative relevant for the disposal of the instant
petition is that FIR No.36 dated 04.02.2020, under Sections 302 & 397 IPC
was registered at Police Station Punhana on the basis of complaint of Ved
Prakash Soni with the allegations that on 04.02.2024 at about 6-6:15 p.m.,
some unknown persons committed murder of his father namely Govind Ram
Soni (since deceased) by some weapons and snatched valuable ornaments
and fled away. Later on, during the course of investigation, Section 25 of
the Arms Act, 1959 was also added.
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3. Learned counsel for the petitioner contends that the petitioner
has been falsely implicated in this case and has not been named in the FIR.
It has been further argued that after the arrest of the petitioner nothing has
been recovered from him. There is no material on record to connect the
petitioner with the commission of crime, except the disclosure statement,
which is inadmissible in evidence. He further submits that the petitioner has
undergone actual custody of 04 years, 06 months and 23 days and further
detention of the petitioner will not serve any purpose.
4. Per contra, learned State counsel has vehemently opposed the
submissions made by the learned counsel for the petitioner. He states that the
petitioner was actively involved in the commission of the offence. As per the
custody certificate which has been taken on record, the petitioner has
undergone actual custody of 04 years, 06 months and 23 days and there is
another case viz. FIR No.64 dated 10.02.2020, under Sections 398 & 401
IPC and Sections 25, 54 & 59 of the Arms Act, 1959 registered against the
petitioner, in which, he has been convicted and sentenced for a period of 02
years. He on instructions from the concerned investigating officer submits
that all the 31 prosecution witnesses have been examined and now the trial is
near completion.
5. Learned State counsel has further argued on the basis of status
report that the co-accused Akram @ Dhakelu was also taken on production
warrant and during the course of interrogation, Akram @ Dhakelu suffered
disclosure statement vide which he admitted his involvement in the
occurrence of the present case and specifically disclosed that he along with
his co-accused (the present petitioner) looted a bag full of ornaments from
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Govind Ram and on checking the bag, 1.5-2 kg. silver, gold ornaments and
Rs,11,000/- in cash was found. He distributed the silver 500 grams to each
person and he took gold ornaments with him and gave Rs.2,000/- to three of
them and kept Rs.5,000/- for himself. He further disclosed that he had
already got recovered a country made pistol in case FIR No.64 of 2020,
Police Station Nuh. Further, during the course of investigation, CCTV
footage of the occurrence from a CCTV camera installed in a nearby shop
was received. Further, the location of the mobile number issued in the name
of Akram @ Dhakelu was found to be at village Punhana, Tehsil Punhana,
District Mewat at the time of the occurrence. Learned State counsel further
submits that the present petitioner is the main accused who fired upon the
deceased and as per the FSL report, the bullet extracted from the body of the
deceased was fired from the recovered country made pistol.
6. Heard the rival submissions made by learned counsel for the
parties.
7. Admittedly, the petitioner has undergone actual custody of 04
years, 06 months and 23 days and there is another case registered against
him. There are serious allegations leveled against the petitioner. All the 31
prosecution witnesses have been examined before the learned trial Court and
thus, it is apparent that the trial is progressed and is at advanced stage and is
nearing conclusion.
8. Recently, the Hon'ble Supreme Court in Criminal Appeal
No.1511 of 2024 titled as Dablu Kuju Vs. State of Jharkhand decided on
12.03.2024, observed as under:-
"The appellant-accused, by way of the present appeal
has challenged the impugned judgment and order dated
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17.01.2023 passed by the High Court of Jharkhand at Ranchi in
B.A. No.11895 of 2022, whereby the High Court has dismissed
the said application seeking his release on bail in respect of the
FIR being Sukhdeonagar P.S. Case No.-238/2022 dated
30.05.2022 registered for the offences under
Sections 302, 120B/34 of IPC and Section 25(1-B) A/26/27/35
of the Arms Act.
3. During the course of arguments, it was apprised to the
Court that the trial is at the fag end and almost all the witnesses
have been examined by the prosecution except one witness.
4. In view of the above, we are not inclined to release the
appellant on bail, more particularly, when the trial is at the fag
end."
9. Keeping in view the gravity of the offence and without
commenting upon the merits of the case, this Court is of the considered view
that at this point of time when the trial is nearing conclusion no case is made
out for grant of regular bail to the petitioner. Accordingly, the present
petition is dismissed.
Pending miscellaneous application(s), if any, also stands
disposed of.
(KIRTI SINGH)
JUDGE
03.09.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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