Harjinder Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-29806-2022 (O&M).

Decided on: July 19, 2022.

Harjinder Singh .. Petitioner

VERSUS

State of Haryana .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH * * * PRESENT Mr.P.S.Jammu, Advocate, for the petitioner.

Mr.Naveen Sheoran, DAG, Haryana.

KARAMJIT SINGH, J. (ORAL) Prayer in the present petition filed under Section 439 Cr.P.C. is for grant for regular bail to the petitioner in case FIR No.443 dated 8.11.2021, under Sections 379-B and 201 IPC (Section 394 IPC deleted later on), registered at Police Station Civil Lines, Sirsa, District Sirsa.

Counsel for the petitioner submits that the petitioner was not named in the FIR and later on he was nominated as an accused during investigation of the case.

Counsel for the petitioner further submits that as per the allegations in the FIR, two young men snatched car of the complainant.

Counsel for the petitioner further submits that said car was found lying abandoned near the place of occurrence. He further submits that the petitioner is in custody for the last about 8 months and is not required by the police as challan has been presented. Counsel for the petitioner further contends that coaccused Balram Singh @ Boblu who is also facing same charges has been granted ad interim bail by this Court by order dated 5.5.2022 (Annexure P2). Counsel for the petitioner further submits that petitioner is entitled to grant of regular bail Present petition for the grant of regular bail has been resisted by the State counsel who submits that the police has already presented the challan after completion of investigation.

The State counsel further submits certain recoveries were effected from the accused to connect him with the snatching of the car of the complainant, which was later on found lying abandoned at some distance from the place of occurrence. However, the State counsel, on instructions from ASI Jagmeet Singh, has admitted the fact that co-accused has been granted ad interim bail and that the petitioner is in custody for the last about 8 months. I have considered the submissions made by the learned counsel for the parties.

Admittedly, the FIR in this case was registered to the effect that two young persons snatched the car of the complainant which was later on found lying abandoned at some distance from the place of occurrence. Later on, the petitioner was arrested and as per custody

certificate, the petitioner is in custody for the last more than 7 months and 18 days and is not involved in any other criminal case. Co-accused Balram Singh @ Boblu has already been granted concession of interim bail by this Court vide order dated 5.5.2022 (Annexure P-2). The alleged recoveries have already been effected in the present case. The police has presented the challan against the present petitioner after completion of investigation. It will take time for the trial to conclude.

In view of above, no purpose is going to be served by keeping the petitioner in custody for any longer period. Accordingly, without commenting on the merits of the case, the present petition is allowed and the petitioner is hereby ordered to be released on regular bail subject to furnishing bail and surety bonds to the satisfaction of the CJM/Duty Magistrate concerned during the pendency of the trial. July 19, 2022. (KARAMJIT SINGH ) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No