Dalbir Singh v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-36471-2024 (O&M) Date of Decision:-5.8.2024 Dalbir Singh ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Neeru Bansal, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana.

***** FIR No.

Dated Police Station Section/s 10.3.2022 Ganaur, District Sonepat, Haryana 420, 467, 468, 471, 120-B of Indian Penal Code, Sections 7, 10, 55 of Essential Commodities Act, 1955, Sections 7, 8 and 25 of Fertilizer Control Order, 1985, Section 63 of Copy Right Act, 1957 & Section 103 of Trade Marks Act, 1999 GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The FIR was lodged pursuant to receipt of secret information by the police to the effect that one Ravinder and Ajay were preparing spurious diesel exhaust fluid by mixing water in urea fertilizer. Pursuant to receipt of aforesaid secret information, the police was able to nab aforesaid Ravinder and Ajay. It is further the case of prosecution that during the course of interrogation, Ravinder suffered a disclosure statement nominating the petitioner as their associate inasmuch he has been helping the aforesaid two accused in selling the spurious diesel exhaust fluid.

Pankaj Kakkar 2024.08.05 19:55 I attest to the accuracy and authenticity of this document

CRM-M-36471-2024 (O&M) ( 2 ) 3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case solely on the basis of disclosure statement of co-accused, the admissibility and veracity of which would be debatable. It has further been submitted that the petitioner, in any case, has been behind bars since the last about 4 months and 15 days and since the trial is proceeding at snail's pace, he deserves the concession of bail. 4.

Opposing the petition, learned State counsel submitted that the petitioner is a habitual offender having been involved in 6 other cases. It has, however, been informed that the petitioner as on date has been behind bars since the last about 4 months and 15 days and challan already stands presented. It has been informed that charges are yet to be framed and as many as 14 PWs have been cited.

5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the custody of the petitioner i.e. about 4 months and 15 days and also the fact that the trial has not even commenced till date and as many as 14 PWs have been cited, further detention of the petitioner will not serve any useful purpose.

7.

The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 5.8.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.05 19:55 I attest to the accuracy and authenticity of this document