High Court of Punjab and HaryanaCRM-M/26922/2021dismissed

Ashwani Oberoi v. State Of Haryana

2021-09-20Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26922-2021 (O&M) Date of decision : 20.09.2021 Ashwani Oberoi .....Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Narender Singh, Advocate for the petitioner. Ms. Ambika Sood, Addl. AG, Haryana.

**** ALKA SARIN, J.

Heard through video conferencing.

This is the third petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.0922 dated 03.07.2018 under Sections 406, 419, 420, 467, 468 and 471 of the Indian Penal Code, 1860, registered at Police Station Panipat City, Panipat (Haryana).

The first petition being CRM-M-30859-2020 was dismissed as withdrawn vide order dated 06.11.2020 and the second petition being CRM-M-298-2021 was dismissed by a detailed speaking order dated 12.03.2021. The Special Leave to Appeal (Crl.) No.3887 of 2021 preferred by the petitioner against order dated 12.03.2021 passed by this Court was dismissed as withdrawn on 28.05.2021.

The only argument raised by learned counsel for the petitioner is that the co-accused have been released on bail by the Additional Sessions YOGESH SHARMA 2021.09.20 12:39 I attest to the accuracy and integrity of this document

Judge, Panipat.

A reply by way of affidavit of Virender Singh, HPS, Deputy Superintendent of Police, City, Panipat has been filed by the State counsel opposing the grant of bail to the petitioner. It is inter-alia stated that none of the nineteen prosecution witnesses have been examined till now. A perusal of the order dated 12.03.2021 reveals that the argument of the co-accused being granted bail was also raised by the learned counsel for the petitioner in CRM-M-298-2021 and the same did not find favour of this Court for granting bail to the present petitioner. The order passed by this Court was challenged in Special Leave to Appeal (Crl.) No.3887 of 2021 which was dismissed as withdrawn on 28.05.2021. No change in circumstances since the dismissal of the second petition for grant of regular bail vide order dated 12.03.2021 has been pointed out and canvassed.

In view of the detailed order dated 12.03.2021 passed by this Court in CRM-M-298-2021, I do not find this to be a fit case for grant of regular bail to the petitioner. Accordingly, the present petition is dismissed. It is made clear that nothing observed herein shall be treated as an expression of opinion on the merits of the case. ( ALKA SARIN ) JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 20.09.2021 Yogesh Sharma YOGESH SHARMA 2021.09.20 12:39 I attest to the accuracy and integrity of this document