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High Court of Punjab and HaryanaCRM-M/28357/2016allowed

Sumit Singh Bharana v. State Of Haryana

2019-04-08Mr. Justice Harinder Singh Sidhu6 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (i) CRM No.M-28357 of 2016 (O&M) Sumit Singh Bharana (ii) CRM No.M-28359 of 2016 (O&M) Sumit Singh Bharana (iii) CRM No.M-28360 of 2016 (O&M) Sumit Singh Bharana (iv) CRM No.M-28361 of 2016 (O&M) Sumit Singh Bharana (v) CRM No.M-39137 of 2016 (O&M)

-2- (vi) CRM No.M-39155 of 2016 (O&M) (vii) CRM No.M-39156 of 2016 (O&M) (vii) CRM No.M-39158 of 2016 (O&M) (ix) CRM No.M-39159 of 2016 (O&M) (x) CRM No.M-39160 of 2016 (O&M)

-3- (xi) CRM No.M-39161 of 2016 (O&M) (xii) CRM No.M-39162 of 2016 (O&M) (xiii) CRM No.M-39163 of 2016 (O&M) (xiv) CRM No.M-39164 of 2016 (O&M) (xv) CRM No.M-39165 of 2016 (O&M)

-4- (xvi) CRM No.M-40946 of 2015 (O&M) Hem Singh Bharana (xvii) CRM No.M-40948 of 2015 (O&M) Hem Singh Bharana Date of Decision: April 08, 2019

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.N.S.Shekhawat, Advocate for the petitioners.

Mr.C.S.Bakshi, Addl. Advocate General, Haryana for the respondent-State.

Ms.Deepshikha, Ms.Promila Nain, Mr.Chanchal K. Singla, Mr.Ish Puneet Singh, Mr.Manbir Singh for Mr.Himanshu Arora, Mr.K.Arun, Mr.P.S.Sullar, Advocates for the complainants/victims.

**** INDERJIT SINGH, J.

All these cases are taken up together as point for determination in these cases is the same.

Petitioner Sumit (Singh) Bharana has filed fifteen petitions under Section 439 Cr.P.C. for grant of regular bail in cases registered at

-5Police Station Rajendra Park, Gurgaon, as under:- CRM No.M- of 2016 FIR No. Dated Under Sections 28357 15.05.2015 406, 420, 120-B IPC 28359 15.05.2015 406, 420, 120-B IPC 28360 16.05.2015 420, 120-B IPC 28361 18.07.2015 406, 420 IPC 39137 15.05.2015 406, 420, 34 IPC 39155 26.09.2015 7A and 10 HDRUA Act 39156 06.12.2015 406, 420 IPC and Section 10 HDRUA Act 39158 06.12.2015 406, 420, 120-B IPC 39159 22.07.2015 406, 420, 34 IPC 39160 16.08.2014 406, 420, 120-B IPC and Section 10 HDRUA Act 39161 07.02.2015 406, 420 IPC and Section 10 HDRUA Act 39162 15.05.2015 406, 420, 120-B IPC 39163 26.09.2015 406, 420 IPC and Sections 7A and 10 HDRUA Act 39164 21.03.2015 406, 420, 120-B IPC and Section 10 HDRUA Act 39165 18.07.2015 406, 420 IPC Petitioner Hem Singh Bharana has filed two second petitions under Section 439 Cr.P.C.

for grant of regular bail in cases registered at Police Station Rajendra Park, Gurgaon, as under:- CRM No.M- of 2015 FIR No. Dated Under Sections 40946 21.03.2015 Section 10 HDRUA Act read with 406, 420 and 120-B IPC 40948 16.08.2014 Section 10 HDRUA Act read with 406, 420 and 120-B IPC Notice of motion was issued. Learned State counsel as well as learned counsel for victims/complainants appeared and contested the petitions.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.

-6From the record, I find that petitioners have been granted benefit of interim bail by this Court and a condition was also imposed to pay `10 crores per month to the allottees/aggrieved persons etc. At the time of arguments, it has been brought to the notice of this Court that more than `315 crores has been paid since then by the petitioners. Learned counsel for the petitioners argued that now insolvency proceedings have started and all assets have been taken over and now, the petitioner cannot dispose of any property and it is also argued that all the victims in the FIR, have been paid and even, so many allottees/non-allottees have also been paid as per order of this Court.

The petitioners are not required for any investigation or interrogation purposes. They are only to face trial. There is nothing on the record nor pointed out at the time of arguments that petitioners have ever misused the concession of interim bail granted to them a long time back. The trial of the case will take long time. No useful purpose will be served by sending and keeping the petitioners in custody till the disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, all the petitions are allowed and the interim bail granted to the petitioners in all the petitions, are made absolute. As the main cases are decided, therefore, criminal misc. applications, if any, also stands disposed of. April 08, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No