Banti Ram v. State Of Haryana

CRM-M-8024-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8024-2023 DATE OF DECISION: FEBRUARY 20, 2023 BANTI RAM ...PETITIONER

VERSUS

STATE OF HARYANA ...RESPONDENT

CORAM:

HON'BLE MR. JUSTICE DEEPAK MANCHANDA.

PRESENT: MS. HIMANI ANAND, ADVOCATE FOR THE PETITIONER. MR. KARAN GARG, AAG, HARYANA.

DEEPAK MANCHANDA, J.(ORAL) Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail pending trial in case FIR No.523 dated 10.10.2022, under Section 420, 467, 471, 120-B IPC, Police Station Baldev Nagar, Ambala.

The present FIR was registered on the basis of inquiry dated 10.10.2022 conducted by DSP Ramesh Kumar, HQ Ambala and SP, Ambala City against one Sukhbir whose educational certificates in order to secure a job in the Police Department were found to be forged. Learned counsel for the petitioner has argued that the petitioner has not been named in the FIR and has been implicated on the basis of disclosure statement of co-accused Sukhbir. He submits that the investigation of the case is complete and the challan stands presented. He further submits that similarly situated co-accused of the petitioner, namely, Rakesh Kumar has already been released on regular bail by this Court vide order dated 11.1.2023 (Annexure P-5). He prays that the petitioner be SUMIT GULATI 2023.02.22 12:51 I attest to the accuracy and integrity of this document

CRM-M-8024-2023 -2released on regular bail during the pendency of the trial. On the other hand, learned State counsel assisted by SI Vijay Kumar has opposed the aforesaid prayer. However, he has not disputed that the challan stands presented on 19.12.2022 and that the co-accused of the petitioner has already been released on regular bail by this Court. Considering the above background, the fact that similarly situated co-accused has already been released on regular bail and that the challan stands presented on 19.12.2022, however, the charges are yet to be framed, further detention of the petitioner may not be necessary for any useful purpose.

Resultantly, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail in the above case, subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court concerned. The petition is allowed.

February 20, 2023 (DEEPAK MANCHANDA) Gulati JUDGE Whether Reportable :

Yes/No Whether Speaking/Reasoned :

Yes/No SUMIT GULATI 2023.02.22 12:51 I attest to the accuracy and integrity of this document