Pardeep v. State Of Haryana

(1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 27, 2015 Pardeep .....Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Kamal Sharma, Advocate for the petitioner.

Mr.Gurdas Singh, DAG, Haryana.

........

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Pardeep, who has been booked for having committed the offences punishable under Sections 399 and 402, IPC, and Section 25 of the Arms Act, in a case arising out of FIR No.98, dated 23.05.2014, registered at Police Station, Pillukhera, District Jind.

Learned counsel contends that the petitioner has been implicated in one after the another case by the local police and all the cases which remained unsolved by the police were foisted upon the petitioner and his co-accused; the petitioner has

(2) already been acquitted in two cases registered just prior to the FIR in hand; the petitioner is behind the bars from 23.05.2014 and only one prosecution witness has been examined so far and that the similar situate co-accused Ravi has been extended the benefit of bail by the learned trial Court vide order, dated 24.12.2014, Annexure P-1.

Learned counsel for the State, on instructions from ASI Ram Mehar of Police Station, Pillukhera, submits that the petitioner was involved in six more cases, however, he said that he had no information with regard to the acquittal of the petitioner in two cases; he fairly admits that the co-accused Ravi has been granted bail by the Court below vide order, Annexure P-1, and that only one witness of the prosecution has been examined so far. He, however, opposed the grant of bail to the petitioner on the premise that petitioner is habitual offender. On a specific query put by this Court, the learned counsel for the State very fairly admitted that the petitioner has not been convicted in any case so far.

Having heard the learned counsel for the parties and going through the contents of the application, the same is allowed. Petitioner -Pardeep son of Shri Om Parkash, resident of

(3) village Kalwa, Tehsil Safidon, District Jind, is ordered to be released on bail during pendency of the trial of the present case subject to his furnishing bond in the sum of `1,00,000/- (Rupees One lac only) with two sureties in the like amount to the satisfaction of learned Chief Judicial Magistrate/ Duty Magistrate, Jind.

In case the petitioner is involved in further criminal activities then the prosecution would be free to move an application for cancellation of bail.

February 27, 2015 (NARESH KUMAR SANGHI) meenu JUDGE