Aman v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-17142-2022 (O&M) Date of Decision: 02.08.2022 AMAN ... Petitioner

Versus

STATE OF HARYANA ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Mohit, Advocate for the petitioner.

Mr. Pawan Kumar Jhanda, AAG Haryana.

**** HARNARESH SINGH GILL, J.(Oral) Through this second petition, the petitioner seeks regular bail in case bearing FIR No.56 dated 21.03.2021 (Annexure P-1), registered under Sections 398, 401 IPC and Section 25 of the Arms Act, at Police Station Bhuna, District Fatehabad, Haryana, first one being dismissed on merits on 01.02.2022 by this Court. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and that there is no writing regarding the alleged secret information, on the basis of which the petitioner along with the co-accused were apprehended at the spot. He further submits that the petitioner has been in custody since 21.03.2021; that co-accused, namely, Aman son of Satyawan, has now been arrested and that, now after his arrest, a supplementary challan will be presented in the Court and thus, the trial will take a long time to conclude. AMAN JAIN 2022.08.04 17:49 I attest to the accuracy and authenticity of this order/judgment

CRM-M-17142-2022 (O&M) -2On the other hand, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel submits that the petitioner is a person with criminal antecedents and habitual offender, inasmuch as, there are 02 (two) more cases registered and/or pending against him. He further submits that the petitioner along with the coaccused was apprehended on the spot and recovery of country made pistol and one live cartridge were effected from them and that the earlier bail petition preferred by the petitioner was dismissed on merits vide order dated 01.02.2022 and that there is no change in the circumstances. I have heard the learned counsel for the parties. As per the contents of the FIR, on 20.03.2021, the police party in casual uniform and in a car, reached the spot.

On reaching there, the petitioner along with the co-accused, with an intention to rob the passengers, came in front of the said car and pointed pistol upon them. On seeing the Police party in the said car, he along with the co-accused tried to run away but were apprehended at the spot. Recovery of one loaded pistol and one live cartridge was effected from the petitioner. Further the allegations against the petitioner is serious and specific in nature. Above all, the earlier bail petition preferred by the petitioner was dismissed on merits by this Court on 01.02.2022. Thus, no ground is made out to grant the concession of regular bail to the petitioner.

Dismissed.

02.08.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2022.08.04 17:49 I attest to the accuracy and authenticity of this order/judgment