Giriraj Singh @ Raj v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 13.03.2023 Giriraj Singh @ Raj ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pankaj Bali, Advocate, for the petitioner. Mr. Gurmeet Singh, AAG, Haryana, assisted by SI Jaipal Singh.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.70, dated 28.01.2022, Police Station Sector 32-33, Karnal, under Sections 420, 467, 468, 471, 201, 166, 218, 120-B IPC and Section 12 of Passports Act and Sections 7, 7A, 13 of Prevention of Corruption Act.

2.

The allegations, in nutshell, are that a scam of issuance of Passports on the basis of forged documents and fake identities had surfaced. The petitioner is stated to be one such beneficiary to whom a Passport had been got issued while he was assuming a fake identity.

- 2 - 3.

Learned counsel for the petitioner submits that he has falsely been implicated in the present case and that there is no credible evidence with regard to the issuance of a Passport on the basis of false identity in favour of the petitioner. It has further been submitted that the petitioner in any case has been behind bars for the last more than 1 year and since several other co-accused have already been granted bail, the petitioner also deserves the same concession on the grounds of parity.

4.

Opposing the petition, learned State counsel submits that since the petitioner had been issued a Passport pursuant to a verification conducted in his favour though in an assumed name Gurbir Sandhu, his complicity is clearly evident and as such he does not deserve the concession of bail. Learned State counsel has however, informed that the petitioner as on date has been behind bars since the last about one year and that charges are yet to be framed and as many as 29 PWs have been cited. It has also been informed that the petitioner stands involved in some other cases in State of Punjab. 5.

This Court has considered the rival submissions. 6.

Without commenting anything as regards the merits of the case, but having regard to the custody of the petitioner, which is about one year and also the fact that conclusion of trial is likely to take some time inasmuch as the trial has not even commenced till date and as many as 29 PWs have been cited and co-accused of petitioner have already been granted bail by this Court, further detention of the petitioner will not serve any useful purpose. The petition, as such, is

- 3 - accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 13.03.2023 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No