Tek Chand And ORS. v. State Of Haryana

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 25406 of 2015 Date of decision:- 7.9.2015 Tek Chand and ors Petitioners vs.

State of Haryana Respondent

Present:

Mr. RS Sihota, Sr. Advocate with Mr. Ashok Sharma, Advocate Mr. CS Bakshi, Addl. A.G. Haryana M.M.S.BEDI,J.

The petitioners seek the concession of regular bail in a case of theft committed by their co-accused Manoj, who was working as a servant in the shop of complainant Dharam Kishore.

Main accused Manoj had allegedly stolen a sum of Rs. 27 lacs from the shop of the complainant on the intervening night of March 22/23, 2015. The petitioners were arrested on 29.3.2015 on the basis of a secret information that they were in possession of the money stolen by the main accused. A sum of Rs. 9 lacs, 4 lacs and 9 lacs was allegedly recovered from petitioners 1 ,2 and 3, respectively. The main accused Manoj was allegedly arrested on 17.4.2015. Whether it was a conspiracy of the petitioners and their co-accused Manoj in the act of theft, will certainly be a debatable issue. Prima facie, the petitioners appear to have been found in possession of the stolen money.

Without expression of any opinion on merits of the case, taking into consideration the fact that the petitioners have been in custody w.e.f. 29.3.2015; challan having been presented; recoveries having already been made, the petitioners can be granted the concession of bail as no useful purpose will be served by keeping them in custody during the entire period of trial.

The petition is allowed and the petitioners are ordered to be released on bail on their furnishing bail bonds/ surety bonds to the satisfaction of the trial court.

September 7 ,2015 ( M.M.S.BEDI ) TSM JUDGE TAPINDER SINGH MANN 2015.09.07 17:26 I attest to the accuracy and integrity of this document

TAPINDER SINGH MANN 2015.09.07 17:26 I attest to the accuracy and integrity of this document