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High Court of Punjab and HaryanaCRM-M/21514/2023allowed

Chirag Sootwal @ Moni v. State Of Haryana

2023-07-07Mr. Justice Rajbir Sehrawat2 pages

2023:PHHC:085800

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104+205 CRM-27239-2023 in/and CRM-M-21514-2023 Date of Decision: July 07, 2023 CHIRAG SOOTWAL @ MONI ..PETITIONER

VERSUS

STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present:

Mr. Sahil Goel, Advocate, for the petitioner. Mr. Krishan K.Chahal, Addl. Advocate General, Haryana. ***** RAJBIR SEHRAWAT, J. (ORAL) CRM-27239-2023 This application has been filed for placing on record the copy of bail order of the co-accused as Annexure P-2. For the reasons stated therein, the application is allowed. Annexure P-2 is taken on record.

CRM-21514-2023 The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.153 dated 10.11.2022 registered under Sections 379-A, 34, 201 IPC at Police Station GRP, Rewari.

2.

It is submitted by the counsel for the petitioner that the case against the petitioner is totally concocted. To connect the involvement of the petitioner a recovery of Rs.15,00/- has been fabricated by the police. Recovery of money is not the recovery in the eyes of law. Still further, it is ANKUR GOYAL 2023.07.07 16:59 I attest to the accuracy and integrity of this order/judgment

CRM-27239-2023 in/and --2-- 2023:PHHC:085800 CRM-M-21514-2023 submitted that two co-accused, in similar allegations have already been released on bail by the trial Court. Hence, the petitioner deserves to be released on bail pending trial.

3.

On the other hand, learned State Counsel, on instructions from the concerned police official, submits that the petitioner is involved in a heinous crime. The petitioner is having one more case of similar nature. There has been a recovery from the petitioner as well. However, it has not been disputed that two co-accused, almost similar role, have already been released on bail by the trial Court.

4.

In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

July 07, 2023 (RAJBIR SEHRAWAT) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANKUR GOYAL 2023.07.07 16:59 I attest to the accuracy and integrity of this order/judgment