Present: Mr.Rakesh Nehra Advocate Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154619
CourtPunjab and Haryana High Court
Decided OnJul-08-2014
AppellantPresent: Mr.Rakesh Nehra Advocate
RespondentState of Haryana
Excerpt:
crm no.m-19200 of 2014 1 in the high court of punjab and haryana at chandigarh235crm no.m-19200 of 2014 date of decision:08.07.2014 jagbir .....petitioner versus state of haryana .....respondent coram: hon'ble mr. justice mehinder singh sullar. present: mr.rakesh nehra, advocate, for the petitioner. mr.rajat mor, deputy advocate general, haryana, for the respondent-state. **** mehinder singh sullar , j.(oral) petitioner-jagbir son of balwant singh, has preferred the instant petition for the grant of regular bail, in a case registered against him along with his other co-accused, namely, balwant singh, satpal and others, vide fir no.438 dated 28.11.2011, for the commission of offences punishable under sections 302, 120-b, 148, 149 ipc and section 25 of the arms act, by the police of police station sampla, district rohtak.2. notice of the petition was issued to the state.3. after hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.4. what cannot possibly be disputed here is that, all the main rani seema 2014.07.08 18:15 i attest to the accuracy and integrity of this document high court chandigarh crm no.m-19200 of 2014 2 allegations of commission of offence of murder are assigned to main accused satyender son of satpal, rahul & tarun, sons of satbir and anand son of dalip(non-petitioners). neither his name is find mentioned nor any specific role or particular injury is attributed to the petitioner in the fir. he was not present at the spot at the relevant time of the commission of crime, in question. the petitioner and his other co- accused balwant singh, satpal and rishi pal etc. were subsequently involved, having hatched a criminal conspiracy in this case on the statement of gianwati wife of jogender, sister-in-law of the deceased. when, how and in what manner, the petitioner has hatched a criminal conspiracy with his other co-accused remains an unfolded mystery. indisputedly, balwant singh and satpal, similarly situated co-accused of the petitioner, were granted the concession of regular bail by a coordinate bench of this court(ranjit singh, j.), by means of order dated may 28, 2012, rendered in crm no.m-13462 of 2012(annexure p-4). therefore, in that eventuality, i see no reason not to extend the same benefit of regular bail to the present petitioner as well under the similar set of circumstances.5. moreover, the petitioner was arrested on 03.09.2013. since then he is in judicial custody and no useful purpose would be served to further detain him in jail. since, even not a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time.6. in the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as rani seema 2014.07.08 18:15 i attest to the accuracy and integrity of this document high court chandigarh crm no.m-19200 of 2014 3 discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. the petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial court. needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. july 08, 2014 (mehinder singh sullar) seema judge rani seema 2014.07.08 18:15 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

CRM No.M-19200 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH235CRM No.M-19200 of 2014 Date of Decision:08.07.2014 Jagbir .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr.Rakesh Nehra, Advocate, for the petitioner. Mr.Rajat Mor, Deputy Advocate General, Haryana, for the respondent-State. **** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Jagbir son of Balwant Singh, has preferred the instant petition for the grant of regular bail, in a case registered against him along with his other co-accused, namely, Balwant Singh, Satpal and others, vide FIR No.438 dated 28.11.2011, for the commission of offences punishable under Sections 302, 120-B, 148, 149 IPC and Section 25 of The Arms Act, by the police of Police Station Sampla, District Rohtak.

2. Notice of the petition was issued to the State.

3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.

4. What cannot possibly be disputed here is that, all the main Rani Seema 2014.07.08 18:15 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-19200 of 2014 2 allegations of commission of offence of murder are assigned to main accused Satyender son of Satpal, Rahul & Tarun, sons of Satbir and Anand son of Dalip(non-petitioners). Neither his name is find mentioned nor any specific role or particular injury is attributed to the petitioner in the FIR. He was not present at the spot at the relevant time of the commission of crime, in question. The petitioner and his other co- accused Balwant Singh, Satpal and Rishi Pal etc. were subsequently involved, having hatched a criminal conspiracy in this case on the statement of Gianwati wife of Jogender, sister-in-law of the deceased. When, how and in what manner, the petitioner has hatched a criminal conspiracy with his other co-accused remains an unfolded mystery. Indisputedly, Balwant Singh and Satpal, similarly situated co-accused of the petitioner, were granted the concession of regular bail by a Coordinate Bench of this Court(Ranjit Singh, J.), by means of order dated May 28, 2012, rendered in CRM No.M-13462 of 2012(Annexure P-4). Therefore, in that eventuality, I see no reason not to extend the same benefit of regular bail to the present petitioner as well under the similar set of circumstances.

5. Moreover, the petitioner was arrested on 03.09.2013. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. Since, even not a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time.

6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as Rani Seema 2014.07.08 18:15 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-19200 of 2014 3 discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. July 08, 2014 (MEHINDER SINGH SULLAR) seema JUDGE Rani Seema 2014.07.08 18:15 I attest to the accuracy and integrity of this document High Court Chandigarh