Brijnandan And ANR v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-8143-2021 (O&M) Date of Decision:- 25.2.2021 Brijnandan and another ... Petitioners

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Parveen Sharma, Advocate for the petitioner. Mr. Ramesh K. Ambavta, AAG, Haryana assisted by SI Sarjeet.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral)

1. The petitioners seek grant of regular bail in a case registered vide FIR No.498 dated 18.8.2020 under Section 379-A IPC at Police Station Samalkha, District Panipat.

2. The FIR was lodged at the instance of Gagan Chopra wherein it is alleged that on 18.08.2020 while he was purchasing vegetables from vegetable market, two boys came on a motorcycle and snatched his gold chain.

3. Learned counsel for the petitioners has submitted that they are no where named in the FIR and have been falsely nominated subsequently on the basis of alleged disclosure statements made by the accused themselves, when they came to be arrested in another case. It has further been submitted that the recovery of `20,000/- and `30,000/- stated to have been effected from the KAMAL KUMAR 2021.02.25 19:42 I attest to the accuracy and integrity of this document

CRM-M-8143-2021 (O&M) petitioners cannot be related with the alleged snatching of chain in any manner.

4. Opposing the petition, learned State counsel has submitted that since the petitioners themselves have confessed their guilt in their disclosure statements and since they happen to be involved in 2 other cases, their complicity is clearly evident. Learned State counsel has, however, informed that the petitioners as on date have been behind bars since the last about 6 months and that trial is yet to commence.

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

6. Having regard to the fact that the petitioners have been nominated as accused on the basis of their own disclosure statements and that they have already been behind bars since the last about 6 months and trial is yet to commence, further detention of the petitioners will not serve any useful purpose.

7. The petition, as such, is accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

25.2.2021 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2021.02.25 19:42 I attest to the accuracy and integrity of this document