Aditya v. State Of Haryana

2023:PHHC:106473 CRM-M-33757-2023 -1219-2

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-33757-2023 Date of Decision: 17.08.2023 Aditya ...... Petitioner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Rahul Jaswal, Advocate, for the petitioner.

Mr. Karan Sharma, DAG, Haryana, for the respondent.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.73 dated 06.02.2023 registered under Section 398 of the Indian Penal Code, 1860, (Sections 341, 395, 397, 120-B and 34 IPC were added later on and Section 398 IPC was removed), at Police Station Old Industrial Area, Panipat, District Panipat.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally concocted. Even as per the allegations of the police, nothing was snatched by the petitioner. There is another case against the petitioner but he is already on bail in that case. The petitioner is in custody since 15.04.2023. The investigation of the case is already over. Therefore, the petitioner is not required for any recovery or discovery VIRENDRA SINGH ADHIKARI 2023.08.18 10:13 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:106473 CRM-M-33757-2023 -2purposes. Hence, the petitioner deserves to be granted concession of bail pending trial.

On the other hand, learned counsel for the State, on instructions from ASI Sourabh, has submitted that the petitioner is involved in a heinous crime of attempt to snatch a car on the highway. It is not disputed that there is another case against the petitioner but he is on bail in that case. The petitioner is in custody since 15.04.2023. It is also not disputed that nothing was snatched or taken away by the petitioner. In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 17.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.18 10:13 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh