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High Court of Punjab and HaryanaCRM-M/1944/2020allowed

Laxmi Narain v. State Of Haryana

2020-01-23Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.1944 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.1944 of 2020 (O&M) Decided on: 23.01.2020 Laxmi Narain ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. D.P.S. Joura, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioners under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.142 dated 04.07.2018, for offence punishable under Sections 420, 406, 467, 468, 471, 120-B of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Uklana, District Hisar.

Counsel for the petitioner has argued that the petitioner was nominated as an accused in the FIR on the basis of the disclosure statement of the main accused - Rahul Sharma, who is son-in-law of the petitioner. It is further submitted that the petitioner is not involved in any other case and the allegations of taking the amount are against Rahul Sharma and Pooja Sharma for providing detailed mark sheet and for sending the complainant abroad.

Counsel for the petitioner has also submitted that the MOHD YAKUB 2020.01.23 17:04 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M No.1944 of 2020 (O&M) petitioner is in custody since 20.09.2019; challan stands presented and only 04 PWs have been examined so far out of 23 PWs. It is further submitted that the co-accused - Pooja Sharma, daughter of the petitioner, has already been granted the concession of regular bail vide order dated 13.11.2019 passed by this Court in CRM-M No.38254 of 2019.

Counsel for the State, on instructions from ASI Satpal has not disputed the factual position but opposed the prayer for bail. Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since 20.09.2019; the co-accused of the petitioner has already been granted the concession of regular bail; the petitioner is not involved in any other case; challan stands presented; out of 23 PWs only 04 PWs have been examined so far and the conclusion of the trial will take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 23.01.2020 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2020.01.23 17:04 I attest to the accuracy and integrity of this document High Court, Chandigarh