Somnath @ Monu v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on: 17.08.2022
Date of Pronouncement: 26.09.2022
Somnath @ Monu
...Petitioner (s)
Versus
State of Haryana
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. J.S. Thind, Advocate for the petitioner(s).
Mr. Manish Bansal, DAG, Haryana.
**** ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 20.8.2021 Azad Nagar Hisar, District Hisar 394, 34 IPC 1.
The petitioner, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.
2.
In paragraph 11 of the bail application, the accused declares the following criminal antecedents:
Sr. No. FIR No.
Date Offences Police Station 1.
29.7.2019 380 and 454 IPC Azad Nagar, Hisar 2.
- Azad Nagar, Hisarv 3.
- Azad Nagar, Hisar 4.
27.8.2019 380 and 457 IPC HTM, Hisar 5.
28.8.2019 379-A and 34 IPC HTM, Hisar 6.
457, 380 IPC Siwani, Bhiwani 7.
13.8.2020 454, 380 IPC Civil Lines, Hisar 8.
18.10.2020 379 IPC City Hisar, Hisar
9.
25.1.2021 380, 457 IPC Adampur, Hisar 10.
15.8.2021 379 IPC City Hisar, Hisar 11.
20.8.2021 394, 34 IPC Azad Nagar, Hisar 12.
24.8.2021 379A IPC Azad Nagar, Hisar 13.
380, 454 IPC Azad Nagar, Hisar 14.
379-B, 34 IPC Civil Lines, Hisar 3.
The petitioner and his gang members snatched money from the complainant by intimidating him and putting him under threat of life. 4.
Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 5.
While opposing the bail, Ld. counsel representing the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
REASONING:
6.
In Paramjeet Singh v. State of Punjab, CRM-M 50243 of 2021, this court observed, While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles.
7.
A perusal of the petition does not refer to any averment based on which this court is assured that if this recidivist is released on bail, then he shall not indulge in criminal behavior.
8.
In the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail.
9. Any observation made hereinabove is neither an expression of opinion on
the merits of the case nor shall the trial Court advert to these comments. Petition dismissed. All pending applications, if any, stand disposed. However, the trial Court shall expedite the trial. (ANOOP CHITKARA) JUDGE September 26, 2022 AK Whether speaking/reasoned:
Yes Whether reportable:
No.