Punjab-Haryana High Court
Kartar Singh vs State Of Haryana on 17 March, 2025
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-64773-2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-64773-2024 (O&M)
Reserved on: 05.03.2025
Pronounced on: 17.03.2025
Kartar Singh ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Davneet Sangwan, Advocate
for the petitioner.
Mr. Aashish Bishnoi, DAG, Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
294 28.08.2024 Bilaspur, Yamuna Nagar 111(3), 316(2), 318(4), 336(3),
338, 340(2), 61(2) of BNS and
21 (4) of Mines and Minerals
(Development and Regulation)
Act
1. The petitioner incarcerated in the FIR captioned above had come up before this
Court under Section 439 CrPC seeking regular bail.
2. In paragraph 13 of the bail petition, the accused declares that he has no criminal
antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which
reads as follows:
"3. That in this regard, it is submitted that a letter/complaint
No. SR/Mining/Yamunanagar/3037 dated 23.08.2024 moved by
the mining officer Mines and Geology Department, Yamuna
Nagar for legal action regarding misuse of H.M.G.I.S. portal was
received from the office of the Superintendent of Police, Yamuna
Nagar in the police station. Thereupon vide letters no.47781 and
47782 dated 27-08-2024 record was sought from Director
General Mines and Geology Department, Haryana and on the
basis of above said complaint/letter the above mentioned F.I.R.
No. 294, dt. 28-08-2024, U/s 318 (4) of B.N.S was registered at
Police Station Bilaspur, Distt. Yamunanagar. In this regard, the
relevant portion of the contents of F.I.R. have been reproduced as
under:-
From Mining officer, Mines and Geology Department, Yamuna
Nagar to the Station House Officer, P.S. Charmant Yamuna
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-64773-2024 (O&M)
Yamuna Nagar. Memo No/Mining/Yamuna Nagar/3077 dated
23.08.2024. Subject: regarding misuse of HMGIS Portal and
taking legal action in this regard. On the subject cited above, you
are hereby informed that in this office, through a whatsapp
bearing No.9116423647, a complaint was received that MRK
Trading company village Jaitpur District Yamuna Nagar (Project
number 230806001153, Mobile No.8569991815 Email ID-
vishl/vnr/[email protected] (copy attached), have been misusing the
portal and issuing wrong e-rawana (dispatch), notices and the
details are as under: (copies of the e-rawana notices are attached.
Sr. No. Ravana (Dispatch) no. Vehicle Merchant Name Recipient's
Registration no. Name and
address
1. RMDL24008756777 RJ07GE0990 M/s R.K. M/s Bhagat
Trading Singh Stone
Company Crusher (L-
1218) Village
Belgarh, District
Yamunanagar
2. RMDL24008756874 RJ07GF2517 M/s R.K. M/s Bhagat
Trading Singh Stone
Company Crusher (L-
1218) Village
Belgarh, District
Yamunanagar
3. RMDL24008756928 RJ44GA4161 M/s R.K. M/s Bhagat
Trading Singh Stone
Company Crusher (L-
1218) Village
Belgarh, District
Yamunanagar
4. RMDL24008756962 RJ07GF5286 M/s R.K. M/s Bhagat
Trading Singh Stone
Company Crusher (L-
1218) Village
Belgarh, District
Yamunanagar
5. RMDL24008756976 RJ07GF2291 M/s R.K. M/s Bhagat
Trading Singh Stone
Company Crusher (L-
1218) Village
Belgarh, District
Yamunanagar
6. RMDL24008756990 RJ07GF1389 M/s R.K. M/s Bhagat
Trading Singh Stone
Company Crusher (L-
1218) Village
Belgarh, District
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-64773-2024 (O&M)
Yamunanagar
7. RMDL24008757030 RJ07GD6333 M/s R.K. M/s Bhagat
Trading Singh Stone
Company Crusher (L-
1218) Village
Belgarh, District
Yamunanagar
8. RMDL24009527196 RJ07GD1109 M/s R.K. M/s Baba
Trading Rupdas
Company Minerals,
Village Bayal,
District
Mahendergarh
9. RMDL24009527198 RJ07GD1941 M/s R.K. M/s Baba
Trading Rupdas
Company Minerals,
Village Bayal,
District
Mahendergarh
10. RMDL24009527206 RJ07GF1048 M/s R.K. M/s Baba
Trading Rupdas
Company Minerals,
Village Bayal,
District
Mahendergarh
Besides above, you are informed that as per the report of the field
staff, In fact, there is no unit working in the name and style of M/s
R.K. Trading company village Jaitpur. However, still all the above
units are engaged in the purchase and sale of the mining material,
therefore, keeping in view of the above, you are required that
action be taken against the accused, who are misusing the HMGIS
Portal as in terms of the Mining Act 1957 and the provisions of
BNS 2023 and they be implicated under various sections and
action in accordance with law may be taken against them. DA/as
above signed Niranjan Lal Mining officer, Mines and Geology,
Yamuna Nagar."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and
contends that pre-trial incarceration would cause an irreversible injustice to the petitioner
and their family.
5. Counsel for the petitioner submits that the petitioner has voluntarily declared all
his assets in accordance with his undertaking in the format as prescribed by this Court
vide order dated 04.2.2025.
6. The State's counsel opposes bail and refers to the reply.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
CRM-M-64773-2024 (O&M)
7. It would be appropriate to refer to the following portions of the reply, which read
as follows:
"24. Role of the petitioner - That with regard to the role of the
petitioner in the present case it is submitted that as per
investigation conducted by the investigating agency till today it
was revealed that the petitioner had close intimacy with accused
Raj Kumar @ Raj Yadav. The petitioner hatched criminal
conspiracy with co-accused Raj Kumar @ Raj Yadav for creating
forged, fabricated and fictitious e-rawanas. As the petitioner and
his co-accused Raj Kumar @ Raj Yadav had minute knowledge
regarding the loop holes of the portal of mining department
therefore, the petitioner and his co-accused Raj Kumar @ Raj
Yadav created fictitious firms and also used the name and GST
number of the closed and inoperative firms. The petitioner used to
create fictitious e-rawanas showing the purchase and sale of
mining mineral without any actual transactions and thereafter
used to send the e-rawana to the other co-accused i.e. owners of
stone crushers and screening plant and in lieu thereof, the
petitioner used to charge handsome amount. Thus the petitioner is
main accused, king pin of the offence and master mind behind the
commission of present offence."
8. The explanation offered by the petitioner in the bail petition and as mentioned
above is not primafacie satisfactory. There is sufficient primafacie evidence connecting
the petitioner with the alleged crime. However, pre-trial incarceration should not be a
replica of post-conviction sentencing. Per paragraph 8 of the bail petition, the petitioner
has been in custody since 03.09.2024. Given the penal provisions invoked viz-a-viz pre-
trial custody, coupled with the primafacie analysis of the nature of allegations, and the
other factors peculiar to this case, there would be no justifiability for further pre-trial
incarceration at this stage.
9. Without commenting on the case's merits, in the facts and circumstances peculiar
to this case, and for the reasons mentioned above, the petitioner makes a case for bail.
10. Given above, petition stands allowed and order dated 04.02.2025 whereby interim
bail was granted to petitioner is made absolute. All pending applications, if any, stand
disposed of.
(ANOOP CHITKARA)
JUDGE
17.03.2025
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
High Court, Sector 1, Chandigarh
