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High Court of Punjab and HaryanaCRM-M/47584/2018allowed

Satbir Singh v. State Of Haryana

2019-01-18Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.47584 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.47584 of 2018 (O&M) Decided on: 18.01.2019 Satbir Singh ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. J.S. Dhaliwal, Advocate for the petitioner.

Mr. Surinder Singh, AAG, Haryana.

Mr. Ankur Malik, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.283 dated 16.11.2017, for offence punishable under Sections 420, 406, 180, 409, 506 and 120-B of the Indian Penal Code (in short 'IPC'), registered at Police Station Rania, District Sirsa. Counsel for the petitioner has submitted that the petitioner is in custody since 02.05.2018, challan stands presented, charges have been framed against the petitioner and the case before the trial Court is now fixed for prosecution evidence. It is further submitted that the coaccused of the petitioner namely Saroj, has already been granted the concession of regular bail vide order dated 01.10.2018 passed in CRM-M No.39018 of 2018, subject to deposit a sum of Rs.10 lacs before the trial Court/Illaqa Magistrate to be kept in the shape of FDRs, subject to final outcome of the case.

MOHD YAKUB 2019.01.18 17:18 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.47584 of 2018 The petitioner undertakes to deposit an amount of Rs.5 lacs on the same terms and conditions as in CRM-M No.39018 of 2018. Counsel for the State, on instructions from ASI Rajinder, has not disputed the factual position but opposed the prayer for bail. it is further submitted that the case is now fixed for prosecution evidence and number of witnesses are cited against the petitioner, however, counsel for the complainant has no serious objection to the submission made by counsel for the petitioner that the petitioner is ready to deposit an amount of Rs.5 lacs before the trial Court. Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since 02.05.

2018; challan stands presented; charges have been framed and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate and on deposit of Rs.5 lac before the trial Court, which shall be kept in the shape of FDRs, subject to final outcome of the case.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 18.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.18 17:18 I attest to the accuracy and authenticity of this document High Court, Chandigarh