High Court of Punjab and HaryanaCRM-M/10359/2021allowed

Salim @ Ajju v. State Of Haryana

2021-03-10Ms. Justice Jaishree Thakur2 pages

CRM-M No.10359 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.10359 of 2021 (O&M) Date of Decision.10.03.2021 Salim @ Ajju

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Sanpreet Sandhu, Advocate for the petitioner.

Mr. Gurbir Singh Dhillon, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.20 dated 10.01.2020 under Sections 379 IPC registered at Police Station City, Jagadhari, District Yamuna Nagar.

Counsel for the petitioner herein would contend that the petitioner herein has been falsely implicated in the said matter due to mistaken identity, as the FIR had been registered against unknown persons. The petitioner has been implicated in the instant matter on the basis of disclosure statement suffered by him while under custody in some other FIR. The petitioner is in custody since 03.12.2020. The investigation is complete and the challan stands presented, therefore, prays for concession of bail to the petitioner.

Learned counsel appearing for the respondent-State opposes the regular bail, who argues that no ground is made out for concession of regular bail as the petitioner is a habitual offender and he has been PANKAJ KUMAR 2021.03.10 17:22 I attest to the accuracy and integrity of this document

CRM-M No.10359 of 2021 (O&M) -2nominated in the said matter on the basis of disclosure statement made by him in some other FIR.

I have heard learned counsel for the parties. Since the investigation is complete and the challan has already been presented and the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) JUDGE March 10, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.03.10 17:22 I attest to the accuracy and integrity of this document