Amit Chandna v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-28.3.2022 Amit Chandna ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Digvijay Nagpal, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana, assisted by SI Naresh Kumar.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.472 dated 20.10.2021, Police Station Industrial Sector 29, District Panipat, Haryana under Sections 411, 420, 467, 468, 471 of Indian Penal Code, wherein offence under Section 201 IPC was added later on.

2.

The FIR was lodged on the basis of secret information received by the police to the effect that a young boy namely Parvez has stolen a white coloured Maruti Brezza car and after changing its chasis number and engine number, had affixed a number plate bearing registration No.HR-24-Z-7423 and was plying the same in Panipat. The information was further to the effect that said

( 2 ) Parvez was proceedings towards Dadola from G.T. Road and that in case a raid is conducted, he could be apprehended. Pursuant to receipt of said information, the police was able to intercept the car in question and the person driving the said car was apprehended, who upon inquiry disclosed his name as Parvez. Upon checking the registration certificate, name of the owner was found to be mentioned as Havaldar Retd. Subhash Chandra. After obtaining the mobile number of the original owner, he was contacted telephonically and who stated that he was having his car in his possession. Consequently, the number plates affixed on the Maruti Breeza Car were removed and were taken into possession by the police. It is thus alleged that the accused after stealing the car, had erased the original engine number and chasis number and had engraved different chasis number and engine number and had affixed fake number plates.

3.

Learned counsel for the petitioner has submitted that the entire allegations, as per FIR, are against Parvez, who was caught red handed with the stolen car with changed engine number and chasis number and with a fake registration certificate and number plate. Learned counsel has further submitted that the petitioner has been nominated as an accused on the basis of disclosure statement made by said Parvez to the effect that he used to procure the number plates from the petitioner @ Rs.700/- per number plate. Learned counsel has submitted that infact the only role that can attributed to the petitioner is that he had introduced Parvez to one Amit Kumar, who used to prepare number plates and that he at best can be said to have benefited in respect of the commission of Rs.100/- per number plate.

( 3 ) 4.

Opposing the petition, learned State counsel submitted that since the petitioner was instrumental in commission of crime by providing fake number plates, his complicity is clearly evident and, as such, he does not deserve the concession of bail. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 5 months and that he is not involved in any other case. It has also been informed that although charges have been framed but not even a single witness out of the cited 14 PWs has been examined so far. 5.

I have considered rival submissions addressed before this Court. 6.

Even as per the case or prosecution, the role attributed to the petitioner is not of having stolen the vehicles in question but of having provided fake number plates to co-accused Parvez. The petitioner otherwise has a clean record. Conclusion of trial is likely to consume time inasmuch as not even a single witness out of the cited 14 PWs has been examined so far, despite the fact that the petitioner has been behind bars since the last about 5 months. In these circumstances, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

28.3.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No