High Court of Punjab and HaryanaCRM-M/18925/2017allowed

Darvesh Kumar v. State Of Haryana

2017-08-02Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-18925 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-18925 of 2017 Decided on: 02.08.2017 Darvesh Kumar ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Aditya Sanghi, Advocate for the petitioner.

Mr. Arun Kumar, AAG, Haryana assisted with SI Nihal Singh.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.102 dated 06.02.2017, for offence punishable under Sections 489-B, 489-C and 489-D of the Indian Penal Code, 1860 (in short 'IPC') registered in Police Station City Sirsa, District Sirsa. Learned counsel for the petitioner has submitted that as per the allegation in the FIR, fake currency notes in the denomination of Rs.2,500/- along with a printer were recovered from the petitioner. It is further submitted that the petitioner is involved in the business of a photo studio and has been named in the FIR, after the disclosure statement of co-accused Gurbachan Singh who has been granted bail by the trial Court vide order dated 23.03.2017.

It is further submitted that the trial Court has also granted bail to other co-accused, namely, Shamsher Singh vide order dated 12.04.2017. The petitioner is in judicial custody since 08.04.2017. Challan has been presented in the Mohd. Yakub 2017.08.

CRM No.M-18925 of 2017 trial Court on 31.03.2017 and the case is now stated to be fixed for 16.08.2017 for framing of charge. There are 14 prosecution witnesses cited in the present case and all are official witnesses, thus, conclusion of the trial will take long time.

Counsel for the State has opposed the prayer for bail with the submission that in view of seriousness of the allegations against the petitioner, he does not deserve to be enlarged on bail. Heard.

Indisputably, challan has been presented in the Court, therefore, there is no possibility of the petitioner tampering with the evidence in case released on bail. There are no allegations levelled against the petitioner that he is likely to flee from the process of justice in case released from custody. Without meaning to express any opinion on merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate, Sirsa.

(ARVIND SINGH SANGWAN) JUDGE 02.08.2017 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.08.03 10:33 I attest to the accuracy and authenticity of this document Chandigarh