Saddam Hussain v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 47547 of 2021 (O&M) Date of Decision: 02.02.2022 Saddam Hussain .......... Petitioner

Versus

State of Haryana .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Vikram Rana, Advocate, for the petitioner.

Mr. Tanuj Sharma, Assistant Advocate General, Haryana (Through Video Conferencing) **** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition under Section 439 Cr.P.C., seeks grant of regular bail in case FIR No. 339 of 15.08.2021, which was registered against him, at Police Station Industrial Sector-29, Panipat, constituting therein offence(s), under, Section 379-A of the IPC. 2.

The bail applicant-petitioner is stated to be suffering judicial incarceration since 28.08.2021.

3.

The learned State Counsel, on instructions, meted to him, by the Investigating Officer (IO) concerned, submits that all the relevant recoveries have been effected at the instance of the bail applicant / petitioner, and, that the challan has also been filed, and, that no further cooperation of the bail applicant / petitioner, is required, in the relevant investigations. The learned State Counsel also, on instructions, submits that no other criminal case is pending against the present bail applicant / petitioner. 4.

Bearing in mind the afore, and, also bearing in mind the fact, that the bail applicant is suffering judicial incarceration since 28.08.2021. DINESH KUMAR 2022.02.02 18:09 I attest to the accuracy and integrity of this document Therefore, it is not deemed fit to order for any prolongation of the judicial

CRM-M No. 47547 of 2021 (O&M) -2incarceration of the petitioner. Contrarily, it is deemed appropriate to admit to bail, the bail petitioner.

5.

Therefore, the instant petition is allowed, and, the petitioner-bail applicant is ordered to be released from judicial custody. However, the granting of bail to the bail applicant-petitioner, is subject to his furnishing personal and surety bonds in the sum of `50,000/- each, before the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned, and, also subject to his not tampering with prosecution evidence, and, his not influencing prosecution witnesses, and, besides also his appearing before the trial Court concerned, as and when directed to make his personal appearance, unless exempted for valid reasons.

6.

However, in case the bail applicant-petitioner, abuses the facility of bail, granted to him by this Court, thereupon the investigating officer concerned shall make a motion before this Court, for cancelling the facility of bail, as is granted to the petitioner, through the order made today by this Court.

February 02, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.02.02 18:09 I attest to the accuracy and integrity of this document