Zora Singh v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-29659-2022 (O&M) Zora Singh ... Petitioner

Versus

State of Haryana ... Respondent II) Vikas Kamboj ... Petitioner

Versus

State of Haryana ... Respondent \ Date of Decision:-18.1.2023

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Vibha Dhiman, Advocate, for the petitioner in CRM-M-29659-2022.

Mr. Ashit Malik, Advocate, for the petitioner in CRM-M-51008-2022.

Mr. Gurmeet Singh, AAG, Haryana, assisted by DSP Veer Singh.

***** GURVINDER SINGH GILL, J. (Oral) 1.

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Zora Singh and Vikas Kamboj seeking grant of regular bail in respect of a case registered vide FIR No.72, dated 28.01.2022 at Police Station Sector 32-33, Karnal, under Sections 420, 467, 468, 471, 166, 201,

( 2 ) CRM-M-29659-2022 (O&M) & 218, 120-B IPC, Section 12 of the Passport Act and Sections 7, 7A, 8, 13 of the Prevention of Corruption Act.

2.

The allegations, in nutshell, are that the accused had been facilitating issuance of passports to various persons on the basis of forged documents. While the petitioner Vikas Kamboj (in CRM-M-51008-2022) is a Postman, who had delivered 21 passports to one of the accused, who had further passed on the same to the beneficiaries, who had applied for the same on the basis of bogus documents; the petitioner Zora Singh (in CRM-M-296592022) is a beneficiary, who had been issued a passport on the basis of bogus documents.

3.

Status report by way of affidavit of Shri Veer Singh, HPS, Deputy Superintendent of Police, City, Karnal has been filed by learned State counsel in CRM-M-29659-2022, which is taken on record. 4.

Learned counsel appearing on behalf of the petitioners have submitted that they have falsely been implicated in the present case and that in any case, the passports had been issued after following due procedure including verification by the police. Learned counsel for the petitioners submit that since identically situated co-accused namely Rohit Arora, Rupinder Singh, Malkeet Singh, Gurdhian Singh, Raman Kumar, Manjit Singh and Manish have been granted bail by this Court vide common order dated 9.1.2023 passed in CRM-M-24203-2022, the petitioners also deserve the same concession on grounds of parity.

5.

On the other hand, learned State counsel while opposing the petitions have submitted that in the present case some of the police officials were also hand & gloves with other accused and that false verification reports have been

( 3 ) CRM-M-29659-2022 (O&M) & made in favour of the applicants (applicant for issuance of a passport) even though the said applicants were not residing at the given addresses. Learned State counsel have also submitted that the petitioners stand involved in several other identical cases and in these circumstances, do not deserve the concession of bail. Learned State counsel have, however, informed that the petitioners have been behind bars since the last more than 11 months and that charges are yet to be framed and as many as 30 PWs have been cited. 6.

This Court has considered rival submissions.

7.

Without commenting anything as regards the merits of the case, but having regard to the custody of the petitioners, which is more than 11 months and also the fact that identically situated co-accused have already been granted bail by this Court vide common order dated 9.1.2023 passed in CRM-M24203-2022 and that conclusion of trial is likely to take some time inasmuch as the trial has not even commenced till date and as many as 30 PWs have been cited, further detention of the petitioners will not serve any useful purpose. Both the petitions, as such, are accepted and the petitioners are ordered to be released on regular bail on their furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

8.

A photocopy of this order be placed on the file of each connected case. 18.1.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No