Vicky v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.213 Date of Decision: 16th November, 2020.

Vicky

...Petitioner

Versus

State of Haryana

...Respondents

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. D.S.Virk, Advocate, for the petitioner.

* * * * ** MEENAKSHI I. MEHTA (ORAL) By way of instant petition, petitioner Vicky seeks the relief of regular bail in the criminal case arising out of FIR No.163 registered at Police Station, Siwan, District Kaithal, on 04.08.2020 under Sections 457, 380, 411 of IPC with the allegations that six solar plates, as installed at the roof of Brahman Dharamshala in the Village Sotha, Tehsil Siwan, District Kaithal, worth Rs.70,000/- in value, were stolen by some unknown person. Kanwar Sanjiv Kumar, AAG, Haryana, has joined the proceedings on behalf of the respondent-State in pursuance of the notice of this petition having been sent to the respondent in advance. Learned counsel for the petitioner as well as learned State counsel have been heard in this petition.

Learned counsel for the petitioner submits that the co-accused of the petitioner, named, Suba Singh was initially arrested in this case and he suffered a disclosure statement and got the said stolen solar plates discovered

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in pursuance thereof and no recovery has been effected from the petitioner in this case and rather, he was arrested in another case arising out of FIR No.133 of 2020 as registered at Police Station Guhla under Sections 457, 380, 411 of IPC and had allegedly suffered a disclosure statement regarding the present occurrence and on the basis thereof, he was formally arrested in the present case and he contends that in such circumstances, the petitioner deserves the relief of his release on regular bail. Learned State counsel does not dispute the above-mentioned factual position and he, rather, submits that the Challan has already been prepared in this case but the same is yet to be presented to the Court of competent jurisdiction.

Keeping in view all the above-discussed facts and circumstances and also the facts that the petitioner has been in custody in this case since 09.09.2020 and the trial of the case is yet to commence and no useful purpose will be served by keeping the petitioner behind the bars any more and without expressing any opinion on the merits of this case, it is hereby ordered that the petitioner be released on regular bail, subject to his furnishing the requisite bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Illaqa Magistrate concerned.

The instant petition stands allowed accordingly. (MEENAKSHI I. MEHTA) JUDGE 16.11.2020 seema Whether speaking/reasoned?

Yes/No Whether Reportable?

Yes/No

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