Balraj v. The State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M No. 22164 of 2018 DATE OF DECISION :- June 01, 2018 Balraj
...Petitioner
Versus
The State of Haryana
...Respondent
CRM-M No. 22141 of 2018 Ranvir Singh and another
...Petitioners
Versus
State of Haryana
...Respondent
CRM-M No. 22038 of 2018 Ramesh
...Petitioner
Versus
The State of Haryana
...Respondent
CRM-M No. 22814 of 2018 Bhim Sain
...Petitioner
Versus
The State of Haryana
...Respondent
CRM-M No. 23624 of 2018 Ram Singh
...Petitioner
Versus
The State of Haryana
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Karan Pathak, Advocate for the petitioner in CRM-M No. 22164 of 2018.
Mr. Keshav Partap Singh, Advocate for the petitioners in CRM-M No. 22141 of 2018 and CRM-M No. 22814 of 2018.
Mr. P.S. Hundal, Sr. Advocate with Mr. Anil K. Malik, for the petitioner in CRM-M No. 22038 of 2018.
Mr. Karan Pathak, Advocate for the petitioner in CRM-M No. 22164 of 2018.
Mr. Pawan Kumar, Sr. Advocate with Mr. Rohit Kumar, Advocate for the petitioner in CRM-M No. 23624 of 2018.
Mr. Gaurav Bansal, AAG, Haryana.
*** My this order shall dispose of five petitions for regular bail bearing CRM-M No. 22164 of 2018 filed by petitioner Balraj, CRM-M No. 22141 of 2018 filed by petitioners Ranvir and Raj Kumar, CRM-M No. 22038 of 2018 filed by petitioner Ramesh, CRM-M No. 22814 of 2018 filed by petitioner Bhim Sain and CRM-M No. 23624 of 2018 filed by
petitioner Ram Singh, all of them being accused in F.I.R. No. 345 dated 27.8.2017 for offences under Sections 145/146/186/150/151/152/153/121/ 121-A/216/120-B IPC registered with Police Station Sector-5, Panchkula. F.I.R. in this case was registered on the basis of written complaint submitted by Sh. Sanjeev Mahajan, Incharge, City Dainik Bhaskar Newspaper to SHO Police Station Sector-5, Panchkula interalia stating that on 25.8.2017, when he was present at HAFED Chowk, Panchkula along with his companions then Aditya Insan and other Dera followers were observed hatching a conspiracy to spread the violence and he had got published the news along with photographs in his newspaper and that he could identify Aditya Insan and Surender Insan. The accused were arrested in this case. They had filed applications for grant of regular bail in the Court below but were unsuccessful as such they had approached this Court seeking regular bail by way of filing the present petitions.
I have heard learned Senior counsel for the petitioners and learned State counsel besides going through the record Learned Senior counsel for the petitioners has contended that petitioners have nothing to do with hatching of any conspiracy to spread violence in aftermath of conviction of Head of Dera Sacha Sauda; that they are not named in the F.I.R.; that no overt act has been attributed to them and no recovery of any any weapon or incriminating substance or article has been effected from them, as such they be granted regular bail.
Learned State counsel has opposed the petition vehemently contending that keeping in view the allegations against the petitioners they do not deserve concession of bail.
After hearing the rival contentions, I find that though trial against the accused is going but its conclusion is likely to take some time. Only during the trial it can be found out as to whether the petitioners were involved in hatching conspiracy to spread violence on conviction of Head of Dera Sacha Sauda or they had actually participated in those criminal activities. Several of their co-accused are stated to have been granted regular bail as is evident from copies of orders placed on record Therefore, the petitions are accepted and the petitioners are ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Panchkula subject to the following conditions : - (i) they shall appear in the Court on each and every date of hearing.
(ii) they shall not give any threat or intimidation to the prosecution witnesses.
(iii) they shall not leave India without prior permission of the Court and shall surrender their Passports, if they have got one otherwise to furnish affidavits in that regard. In addition to that the trial Court may impose any term and condition found suitable to ensure that the petitioners do not abscond and
interfere in the trial.
In case the petitioners violates any term and condition on which the bail has been granted to them, the order shall be liable to be withdrawn. (H.S. MADAAN) JUDGE June 01, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No