Ravi Alias Rabbu v. State Of Haryana
-- 111+225
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M) Date of Decision: 17.04.2023
....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Deepak Aggarwal, Advocate with Mr. Akhil Aggarwal, Advocate for the petitioner.
HARSH BUNGER, J. (Oral)
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!"9((#("(%('%!"$"('(>($!("!>(9((.(' (('$&"( "9%%('%!%$&2$$"('( '9!"!(8 "9!7!&(" $$"%$('!>( "&9((%('9 %!(#("(%$"(>'((1("-25'-26%""%%('%!%&(7%(""( $&# %2: !" 9(( (1(' 7!& !" 9(( '($ (' !&"% ( (('$&"( .%!("%%("%!%%!(#(%%&("&%>& >(' &%!( $"( the trial is likely to take long time and no useful purpose would be served by keeping him behind the bars any further. It is submitted that the petitioner had applied for grant of regular bail before the Additional Sessions Judge, Sonepat, which has wrongly been dismissed vide order dated 14.12.2022 (Annexure P-3). ((' $&"( .%!( "9%" %!% %!( #(%%&(!(("(' %&9'(9
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%!(#("(%$"( !"9((#("(%('"%#(%%&('$!("!>(9((.(' It is also not disputed that the present petitioner has been in custody since 23.11.2021. It is submitted that if the petitioner is released on bail, there is every likelihood that he may influence and threaten the witnesses, hence, this petition be dismissed.
I have heard learned counsel for the parties and perused the paper book, status report as well as the custody certificate of the petitioner handed over by learned State counsel, in Court today. This case was registered on the complaint of Vijay, who has
-)- been examined in this case but he has not supported the prosecution case. -(%%&(" &9& &.&'+0 ("&.('"9(!'%!(9".& %!( "%&(%!&( ('.&&%!" As per status report, there is no other case against the petitioner. T!($!
%!(#("(%$"(has been presented and the charges have been framed. There are total 34 prosecution witnessesB!&7(>(& &(7%(""!"9(((1('%
'%('%!% %&&!"%('!&"% (o useful purpose would be served by keeping the petitioner behind bars. Moreover, co-accused Sumit @ Dilawar, Sunny @ Kala and Ashwani have already been granted regular bail. So far as the apprehension expressed by learned counsel that the witnesses could be influenced by petitioner, suffice it to state that in the event of any such conduct, the prosecution can always approach the competent Court for cancellation of bail.
Accordingly, it is observed that the State/prosecuting agency/state police shall be at liberty to observe the behaviour of the petitioner during bail period, and in case it feels that the petitioner is indulging in influencing any of the witnesses or tampering with the prosecution evidence in any manner or otherwise causing interference with the progress of trial, it shall be open for the State/prosecuting agency/state police to move the trial Court for cancellation of bail, which shall be decided by the trial Court on merits. Keeping in view the aforementioned circumstances, the instant petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate concerned.
-3address at which he intends to reside during the pendency of case and any change in the address shall also be communicated to the concerned Station House Officer, forthwith. The petitioner would also furnish his telephone number to the concerned Station House Officer. He shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial.
In addition, the petitioner (or any one on his behalf) shall prepare a FDR in the sum of Rs.30,000/- and deposit the same with the trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause. Nothing expressed here-in-above shall be construed to be an observation on merits of the case and the facts and circumstances recorded above are only for consideration of the prayer for bail at this stage. The petition is accordingly disposed of.
17.04.2023 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No