Crm-m No. 12908 of 2014. Vs. the State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153957
CourtPunjab and Haryana High Court
Decided OnJul-01-2014
AppellantCrm-m No. 12908 of 2014.
RespondentThe State of Haryana
Excerpt:
crm-m no.12908 of 2014 1 in the high court of punjab and haryana at chandigarh crm-m no.12908 of 2014. date of decision : 01.07.2014. jaibir singh @ bhokar ...petitioner versus the state of haryana ...respondent coram:- hon'ble mr.justice tejinder singh dhindsa. present: mr.baltej singh sidhu, advocate for the petitioner. mr.vikas malik, assistant advocate general, haryana. *** tejinder singh dhindsa, j. (oral) this order shall dispose of the instant petition preferred under section 439 cr.p.c.seeking the benefit of regular bail to the petitioner in case fir no.5 dated 22.01.2014, under section 379, 34 ipc, registered at police station grp, chandigarh. counsel for the parties have been heard. the present case was registered on the statement of sunita sibal, who stated that she had travelled from new delhi to chandigarh on 21.01.2014 by shatabadi express. about 10 minutes prior to reaching chandigarh, she had called upon one of attendants to help her with her luggage. the attendant took her luggage to the area between compartments from where passengers disembark. at that point of time, she had noticed 4 more persons along with the attendant. having still at the railway platform, her luggage was kept back for some time and ultimately, given to her after a time period of 3 to 4 minutes. upon reaching kanchan 2014.07.03 17:03 i attest to the accuracy and integrity of this document chandigarh crm-m no.12908 of 2014 2 home, the complainant noticed that her suitcase had been opened and a number of gold/jewelry items had been stolen as also one i- pad. it has gone uncontroverted that even though it was an open fir in which no person has been specifically named yet during the cours.of investigation, the present petitioner was arrested and an amount of `15 lacs as also an i-pad was recovered. mr.b.s.sidhu, learned counsel appearing for the petitioner would seek to justify the heavy amount of cash that was recovered from the petitioner on the strength of an agreement to sell dated 28.01.2014 that has been placed on record at annexure p-3. even the sale deed dated 21.02.2014 at annexure p-5 has been adverted to. it has gone uncontroverted that investigation in the present case is complete and the challan stands presented on 26.03.2014. the offences alleged against the petitioner are triable by the court of magistrate. the petitioner has been in custody since 27.01.2014. since the trial in the present case is yet at the very initial stage and the petitioner having already suffered incarceration of a period of almost 6 months, without making any observations on the merits of the case, the petition is allowed. the petitioner is held entitled to the benefit of regular bail. bail to the satisfaction of the trial court. disposed of. july 01, 2014. (tejinder singh dhindsa) kanchan judge kanchan 2014.07.03 17:03 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM-M No.12908 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.12908 of 2014.

Date of Decision : 01.07.2014.

Jaibir Singh @ Bhokar ...Petitioner Versus The State of Haryana ...Respondent CORAM:- HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.

Present: Mr.Baltej Singh Sidhu, Advocate for the petitioner.

Mr.Vikas Malik, Assistant Advocate General, Haryana.

*** Tejinder Singh Dhindsa, J.

(Oral) This order shall dispose of the instant petition preferred under Section 439 Cr.P.C.seeking the benefit of regular bail to the petitioner in case FIR No.5 dated 22.01.2014, under Section 379, 34 IPC, registered at Police Station GRP, Chandigarh.

Counsel for the parties have been heard.

The present case was registered on the statement of Sunita Sibal, who stated that she had travelled from New Delhi to Chandigarh on 21.01.2014 by Shatabadi Express.

About 10 minutes prior to reaching Chandigarh, she had called upon one of attendants to help her with her luggage.

The attendant took her luggage to the area between compartments from where passengers disembark.

At that point of time, she had noticed 4 more persons along with the attendant.

Having still at the railway platform, her luggage was kept back for some time and ultimately, given to her after a time period of 3 to 4 minutes.

Upon reaching Kanchan 2014.07.03 17:03 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.12908 of 2014 2 home, the complainant noticed that her suitcase had been opened and a number of gold/jewelry items had been stolen as also one I- Pad.

It has gone uncontroverted that even though it was an open FIR in which no person has been specifically named yet during the couRs.of investigation, the present petitioner was arrested and an amount of `15 lacs as also an I-Pad was recovered.

Mr.B.S.Sidhu, learned counsel appearing for the petitioner would seek to justify the heavy amount of cash that was recovered from the petitioner on the strength of an agreement to sell dated 28.01.2014 that has been placed on record at Annexure P-3.

Even the sale deed dated 21.02.2014 at Annexure P-5 has been adverted to.

It has gone uncontroverted that investigation in the present case is complete and the challan stands presented on 26.03.2014.

The offences alleged against the petitioner are triable by the Court of Magistrate.

The petitioner has been in custody since 27.01.2014.

Since the trial in the present case is yet at the very initial stage and the petitioner having already suffered incarceration of a period of almost 6 months, without making any observations on the merits of the case, the petition is allowed.

The petitioner is held entitled to the benefit of regular bail.

Bail to the satisfaction of the trial Court.

Disposed of.

July 01, 2014.

(TEJINDER SINGH DHINDSA) kanchan JUDGE Kanchan 2014.07.03 17:03 I attest to the accuracy and integrity of this document Chandigarh