Kuldeep @ Vicky And ANR v. State Of Haryana

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M- 35061 of 2020 Date of Decision: 04.11.2020 Kuldeep alias Vicky and Another ... Petitioner(s)

Versus

State of Haryana ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Amandeep Singh Samra, Advocate for the petitioner(s).

Mr. Chetan Sharma, Assistant Advocate General, Haryana for the respondent.

Anil Kshetarpal, J.

The petitioner prays for grant of regular bail pending trial in a criminal case arising from FIR No. 40, dated 04.03.2020, registered under Section 136 of the Electricity Act, 2003, at Police Station Garhi, District Jind.

As per the case of the prosecution, the transformer oil from the electricity transformer installed by the Dakshin Haryana Bijli Vitran Nigam, was allegedly stolen.

Learned counsel for the petitioner contends that the petitioners have been falsely implicated in FIRs No. 33, 34, 39 and 46, registered at Police Station Sadar, Kaithal, with similar allegations. He further submits that now the petitioners have been sought to be indicted as an accused in the present case. He further submits that the petitioners are in custody in various cases since the month of February, 2020. He further submits that the DEEPAK KUMAR BHARDWAJ 2020.11.05 10:58 I attest to the accuracy and integrity of this document

Criminal Misc. No. M- 35061 of 2020 petitioners have been granted the concession of bail in other FIRs. On the other hand, Mr. Chetan Sharma, Assistant Advocate General, Haryana, has opposed the bail on the ground that the petitioners are habitual offenders.

The petitioners are in judicial custody since 04.09.2020 in this case. On completion of the investigation, the challan has been submitted in the Court.

Keeping in view the aforesaid facts and without expressing any opinion on the merits of the case, it is considered appropriate to direct the petitioner to be released on regular bail as the conclusion of the trial is likely to take time. Hence, the present petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the learned Area Judicial Magistrate/Chief Judicial Magistrate/Duty Magistrate.

(Anil Kshetarpal) Judge November 04, 2020 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2020.11.05 10:58 I attest to the accuracy and integrity of this document