Narender Rana v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 30.11.2023 Narender Rana

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present :

Mr. Siddarth, Advocate, for the petitioner.

Mr. Kiran Pal Singh, AAG, Haryana, for the respondent.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of bail pending trial to the petitioner in FIR No.122 dated 24.05.2022, under Sections 307, 201, 120-B read with Section 34 of the Indian Penal Code, 1860, and Section 25 of the Arms Act, 1959, registered at Police Station Farakpur, District Yamuna Nagar. 2.

Status report dated 30.11.2023 way of affidavit of Anil Kumar, HPS, Deputy Superintendent of Police, Barara, on behalf of the respondent, filed by learned State counsel, is taken on record. Copy thereof supplied to the opposite side. Registry to tag the same at appropriate place. 3.

Contends that petitioner is not named in the FIR; rather nominated on the basis of disclosure made by co-accused Sagar. Also contends that petitioner is in custody since 01.06.2022 and trial is likely to

-2take sufficient long time; hence, he be granted concession of bail pending trial.

4.

Per contra, learned State counsel, while opposing the prayer of the petitioner, submits that on earlier occasion, bail application of the petitioner was dismissed as withdrawn vide order dated 13.10.2023 passed in CRM-M-39224-2023; hence, there is no changed circumstance. Also submitted that petitioner is facing various criminal cases and as such, he does not deserve the concession of bail pending trial. 5.

Heard both sides and perused the paper-book.

6.

A perusal of the status report (supra) reveals that petitioner is facing various criminal cases and for reference, Para 9 thereof is extracted as under:- Sr. No. FIR No./Date Sections P.S.

Status 1.

180 Dt. 20.08.2016 285, 148, 149, 336 IPC & 25 Arms Act.

Sadar Yamuna Nagar Pending for 01.12.2023 2.

142 Dt. 04.07.2017 307, 148, 149, 323, 324, 506 IPC Sadar Yamuna Nagar Acquitted 3.

68 Dt. 09.07.2017 302, 148, 149, 323, 506, 120-B IPC Buria, Yamuna Nagar Acquitted on 28.02.2022 4.

711 Dt. 01.12.2018 307, 148, 149 IPC City, Yamuna Nagar Pending for 01.12.2023 5.

1028 Dt. 18.12.2021 379-B, 323, 427, 504, 506, 34 IPC City, Yamuna Nagar Cancelled 6.

497 Dt. 27.12.2021 379-B, 148, 149, 323, 506 IPC Gandhi Nagar Pending for 06.04.2024 7.

193 Dt. 23.05.2022 387, 506 IPC Gandhi Nagar Pending for 06.12.2023

-37.

Since petitioner is having chequered criminal history and more particularly, his earlier bail application was dismissed as withdrawn on 13.10.2023; therefore, no ground is made out to accept the prayer for grant of bail pending trial at this stage.

8.

In view of the above, there is no option, except to dismiss the petition.

9.

Ordered accordingly.

10.

Pending application(s), if any, shall also stand disposed off. 30.11.2023 (MAHABIR SINGH SINDHU) adhikari JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No