Pardeep v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-34975-2020 (O&M) Pardeep ... Petitioner

Versus

State of Haryana ... Respondent II) Lakhan ... Petitioner

Versus

State of Haryana ... Respondent Date of Decision:-16.3.2021

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashish Gupta, Advocate for the petitioner(s). Mr. Ramesh Kumar Ambavta, AAG, Haryana, assisted by SI Rajbir Singh.

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

This order shall dispose of the above mentioned two petition filed on behalf of petitioners Pardeep and Lakhan seeking grant of regular bail in respect of

( 2 ) CRM-M-34975-2020 (O&M) & a case registered vide FIR No.27 dated 25.4.2020 at Police Station GRP Rohtak, District GRP Ambala Cantt. under Section 379-A of Indian Penal Code.

2.

The FIR was lodged at the instance of Bhagwan Singh, wherein it is alleged that on 25.4.2020 when he alongwith his colleague Harbans Singh were going on foot from Rohtak Bypass towards Rohtak, then three yong boys stopped them and out of whom two caught hold of the complainant while the third one snatched his purse from his pocket, which contained an amount of `3,000/- and also a telephone diary. When the complainant raised alarm, the said boys ran away from the spot.

3.

The learned counsel for the petitioners has submitted the petitioners have falsely been implicated in the present case and that they are nowhere named in the FIR and had been nominated subsequently on the basis of disclosure statements allegedly made by the petitioners themselves, when they were arrested in another case i.e. FIR No.274 dated 25.4.2020 registered at Police Station City Rohtak, under Sections 323, 506, 188, 269, 270 read with Section 34 of Indian Penal Code.

4.

Opposing the petition, learned State counsel has submitted that since the petitioners themselves admitted their guilt and infact an amount of `500/- each was recovered from the petitioners individually, their complicity is clearly evident. It has further been informed that while the petitioner Pardeep has been involved in 9 other cases, the petitioner Lakhan has been involved in 18 other cases. The learned State counsel has, however, informed that the petitioners have been behind bars since the last about 7 months.

( 3 ) CRM-M-34975-2020 (O&M) & 5.

At this stage, learned counsel for the petitioners has clarified that out of the 18 cases stated to be lodged against the petitioner Lakhan, he stands acquitted in 14 cases.

6.

I have considered rival submissions addressed before this Court. 7.

Having regard to the nature of allegations and the fact that the petitioners are being nominated on the basis of disclosure statements allegedly made by them when they came to be arrested in another case and the fact that the petitioners have been behind bars since the last about 7 months, further detention of the petitioners will not serve any useful purpose. 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. 16.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No