High Court of Punjab and HaryanaCRM-M/14896/2018allowed

Sajjan Kumar v. State Of Haryana

2018-05-22Mr. Justice Augustine George Masih2 pages

CRM-M-14896-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-14896 of 2018 (O&M) Date of Decision: May 22, 2018 Sajjan Kumar ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. R.S. Rai, Senior Advocate with Mr. Anurag Arora, Advocate for the petitioner (s).

Mr. Deepak Grewal, D.A.G. Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 0125 dated 20.02.2018 registered for the offences punishable under Sections 166, 167, 384, 409, 406, 420, 465, 467, 468, 471, 120-B of Indian Penal Code and 7, 8, 10, 12, 13, 13(1) D, 15 of Prevention of Corruption Act, 1988 at Police Station Gurgaon Sadar, District Gurugram. Heard.

As per the allegations in the FIR, mobile phone of petitioner was intercepted with the permission of the State and he was found indulging in official work/jobs of general public done from the employees of HUDA for consideration. Petitioner was arrested in this case on 21.02.2018 and after completion of investigation, challan against him has been filed. Sachin Mehta 2018.05.22 17:38 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-14896-2018 -2Learned State counsel submits that there are 7 co-accused in this case out of which two more have been arrested and investigation against them is pending. Remaining co-accused are yet to be arrested in this case.

In view the above facts, conclusion of investigation and trial will take considerably long time and no useful purpose will be served by keeping the petitioner in custody, but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner Sajjan Kumar is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) May 22, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2018.05.22 17:38 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH