Sanchit v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M No.48583 of 2021 Date of Decision: 25.11.2021 SANCHIT ......Petitioner Vs STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Shobit Phutela, Advocate and Mr. Shubnit Hans, Advocate for the petitioner.
Mr. Vivek Chauhan, Addl. A.G., Haryana.
**** RAJ MOHAN SINGH, J.(Oral) Petitioner seeks regular bail in his third attempt in case bearing FIR No.488 dated 21.08.2017 registered under Sections 302, 120-B, 148, 149, 412 of IPC and Section 25 of the Arms Act, at Police Station Meham, District Rohtak, Haryana. Earlier petitions i.e. CRM-M No.14286 of 2020 and CRM-M No.11792 of 2021 were dismissed as withdrawn vide orders dated 21.12.2020 and 28.04.2021 respectively.
Prosecution case started with the allegations that on 21.08.2018, when Ravinder was following his uncle Sahi Ram along with his aunt Aunt on a scooty in order to drop her at the School. Sahi Ram was ahead of them on his scooty. When Sahi
Ram reached at the gate of grain market, then a Swift car came from the back side and hit the scooty of Sahi Ram. Due to the impact, Sahi Ram fell down from his scooty and in the meanwhile, three persons namely Aman, petitioner and Kamal came out from the Swift car with their weapons and they started firing at Sahi Ram. On seeing the incident, Ravinder turned back towards grain market. While going back, he saw that another car make Beat came there, which was being driven by Kuldeep. Persons namely Balraj and Sukhbir were also sitting in the car. They stopped the car at the place of occurrence and came out of the car. After seeing Sahi Ram, they walked around Sahi Ram and went back in the same car after showing their weapons in air. The pointed allegations are against Aman, petitioner and Kamal, who had opened fire with their weapons at Sahi Ram when he was in a falling condition.
In the investigation of the case, it has come that Joni and Sanjeev @ Manji did rekki of the incident and they have been arrayed as an accused in the present case. Joni has been granted the concession of regular bail vide order dated 08.08.2018 passed by this Court in CRM-M No.14363 of 2018. Similarly, Sanjeev @ Manji has also been granted the concession of regular bail vide order dated 27.11.2018 passed by this Court in CRM-M No. 40430 of 2018. Co-accused Kamal has also been granted the concession of regular bail by this
Court vide order dated 02.03.2020 passed in CRM-M No.1271 of 2020.
Learned counsel for the petitioner further submits that the case of the petitioner is at par with co-accused Kamal, who has been granted regular bail by this Court and no recovery has been effected from the petitioner and as well as from the coaccused Kamal. Two weapons have been recovered from Aman.
Learned counsel for the petitioner further submits that there is no substantial improvement in leading the prosecution evidence.
Learned State counsel however opposed the bail on the ground of gravity of offence, however factum of grant of regular bail to the co-accused Kamal could not be disputed. Admittedly no recovery has been effected from the petitioner. Eyewitness has also been examined by the prosecution. The complicity of the petitioner on the basis of prosecution evidence would remain debatable. In view of no recovery of fire arm from the petitioner, receipt of gun shot injury by the deceased at the instance of the petitioner would also remain debatable. Petitioner is in custody since 07.11.2017. Keeping in view the period of custody, stage of trial and parity with that of Kamal, I deem it appropriate to enlarge the
petitioner on regular bail, without adverting anything on the merits of the case.
In view of above, petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate.
Nothing expressed hereinabove would be construed to be an expression of opinion on merits of the case. (RAJ MOHAN SINGH) November 25, 2021 JUDGE Chetan Thakur Whether speaking/reasoned Yes/No Whether reportable Yes/No