Sunil Alias Kala Alias Balwant v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-60883-2022 (O&M)
Reserved on: 17.02.2023
Date of Pronouncement: 11.04.2023
Sunil @ Kala @ Balwant ... Petitioner(s)
Versus
State of Haryana
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Ramnish Puri, Advocate for the petitioner(s).
Mr. Manish Bansal, DAG, Haryana.
*** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 6.11.2021 Barwala, District Hisar 307/216/201/120-B/34 IPC and 25 Arms Act, (as per Reply).
1.
The petitioner incarcerated in the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail.
2.
In paragraph no. 15 of the status report, the State declares the following criminal antecedents:
Sr.
No.
FIR No.
Date Offences Police Station 1.
09.02.2020 302, 307, 120-B IPC Civil Lines, Hisar 2.
26.09.2020 25 of Arms Act Civil Lines, Hisar 3.
03.11.2021 307, 285, 120-B, 34 IPC & 25 of Arms Act Azad Nagar, Hisar 4.
16.03.2018 148, 149, 323, 365 & 506 of IPC Siwani 5.
08.06.2010 148, 149, 307 IPC & 25 of Arms Act Siwani 6.
26.09.2015 25 of Arms Act Siwani 7.
07.07.2017 25 of Arms Act Siwani 8.
06.01.2013 379, 402 IPC & 25 of Arms Act City Bhiwani 9.
20.05.2013 398, 401 IPC & 25 of Arms Act Palam Vihar, Gurugram 10.
30.06.2013 302 IPC & 25 of Arms Act Sadar, Bhiwani
11.
26.09.2015 25 of Arms Act Tosham 12.
17.09.2003 304-B, 34 IPC Siwani 13.
12.04.2018 25 of Arms Act Sadar, Bhiwani 14.
29.09.2017 307, 34 of IPC and 25 of Arms Act Siwani 15.
04.06.2020 25 of Arms Act Civil Lines, Hisar 16.
09.09.2012 302, 201 IPC Hamirwas, District Churu (Raj.) 17.
302, 201, 364, 120-B IPC Pilani, District Jhunjhnu 18.
302, 149, 201 IPC Churu 19.
160 IPC & 42 Prison Act Sadar Bhiwani 20.
465, 467, 469, 120-B, 81, 83, 98 IPC Morbi 21.
21.03.2020 406, 420, 201, 34, 120-B, 506 IPC City Karnal 3.
The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.
While opposing the bail, the contentions on behalf of the State are that given the criminal past, the accused is likely to indulge in crime once released on bail. REASONING:
5.
In Paramjeet Singh v. State of Punjab, CRM-M 50243 of 2021, this court observed, While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles.
6.
The petitioner along with his two/three gang members fired upon the complainant, which whiskered past his forehead. The petitioner has a criminal history of heinous and grave crimes. The petition does not refer to any averment based on which this court is assured that if this recidivist is released on bail, then he shall not indulge in criminal behavior.
7.
A perusal of the bail petition and the documents attached, prima facie points towards the petitioner's involvement and does not make out a case for bail and he is neither entitled to bail on merits nor on the grounds of prolonged pre-trial incarceration. Any further discussions are likely to prejudice the petitioner; this court
refrains from doing so.
8. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE April 11, 2023 AK Whether speaking/reasoned :
Yes Whether reportable :
No