CRM-M No. 56147 of 2023 · Punjab And Haryana High Court · 2024

ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Mr. Sanpreet Sandhu, Advocate for Mr. Sanpreet Sandhu, Advocate for for the petitioner in CRM-M-56147 56147-2023. Mr. Namit Khurana, Advocate Mr. Namit Khurana, Advocate for the petitioner in CRM-M-1325 1325-2024 . Mr. Tanuj Sharma, AAG, Haryana. Mr. Tanuj Sharma, AAG, Haryana. **** ALOK JAIN, J. (Oral) ALOK JAIN,

1. The present petitions have been filed been filed inter alia praying for grant of regular regular bail to the petitioners in case , in case FIR No.95 dated 13.04.2022, under Sections 457, 380, 201, 436 and 120 under Sections , registered at Police 436 and 120-B of IPC, registered at Police Station Radaur, District Yamuna Nagar Radaur, District Yamuna Nagar.

2. Learned counsel for the petitioner submits that the petitioners Learned counsel for the petitioner submits that the petitioners Learned counsel for the petitioner submits that the petitioners as they were not involved in the present offence and have been nominated as they were not involved in the present offence and have been nominated were not involved in the present offence and have been nominated were in custody in some other in custody in some other FIRs and the recovery - FIRs and the recovery from the petitioner- Ansar is a meager sum of Rs.11,000/ meager sum of Rs.11,000/- and from from Jahid Khan is Rs.2200/-.

3. Manju 2024.05.28 16:54 I attest to the accuracy and integrity of this document 2023 has Learned counsel for the petitioner in CRM-M-56147-2023 has Learned counsel for the petitioner in CRM CRM-M-56147 56147-2023 (O&M) and CRM-M M-1325-2024 2 submitted that the petitioner is in custody for almost 01 year and as regards submitted that the petitioner is in custody for almost 01 year and as regards submitted that the petitioner is in custody for almost 01 year and as regards submitted that the petitioner is in custody for almost 01 year and as regards the petitioner-Jahid Khan in CRM-M-1325 the petitioner is in custody since 1325-2024, he is in custody since . 18.07.2023.

4. been filed by Custody certificate of the petitioner-Ansar has been filed by Custody certificate of the petitioner oday, which is taken on record, according to learned State counsel in Court today, which is taken on record, according to oday, which is taken on record, according to learned State counsel in Court t which the petitioner is in custody for the last which the petitioner in custody for the last 01 year 01 month and 22 days.

5. Learned State counsel has vehemently opposed the grant of Learned State counsel has vehemently opposed the grant of Learned State counsel has vehemently opposed the grant of antecedents in concession of bail to the petitioners on account of nefarious antecedents in concession of bail to the petitioners on account of concession of bail to the petitioners on account of which the petitioner-Ansar was facing trial in 06 cases which the petitioner s been trial in 06 cases and has been convicted in 05 cases out of which he has already undergone his convicted in 05 cases out of which he has already undergone convicted in 05 cases out of which he has already undergone punishment in all the five cases. As regards to the petitioner punishment Jahid Khan, in all the five cases. As regards to the petitioner-Jahid Khan, nvicted in 09 cases and in all cases he has undergone the he has been convicted in 09 cases and in all cases he has undergone the nvicted in 09 cases and in all cases he has undergone the he has been co sentences.

6. Learned counsel for the petitioner relied upon the the petitioners have relied upon the Prabhakar passed by the Hon’ble Supreme Court of India in “Prabhakar passed by the Hon’ble Supreme Court of India in judgments passed by the Hon’ble Supreme Court of India in Tewari v. State of U.P. of Anr.” 2020(1)Crimes 153 and Tewari v. State of U.P Maulana Mohd. 2020(1)Crimes 153 and “Maulana Mohd. ” 2012(1) SCC (Cri) 681 to Amir Rashadi Vs. State of U.P. and Anr.” 2012(1) SCC (Cri) 681 to Amir Rashadi Vs. State of U.P. and Anr. Amir Rashadi Vs. State of U.P. and Anr. pendency of other cases against the petitioner submits that sole ground of pendency of other cases against the petitioner pendency of other cases against the petitioner submits that cannot be a ground to refuse the grant of concession of bail. Learned cannot be a ground to refuse the grant of concession of bail. Learned cannot be a ground to refuse the grant of concession of bail. Learned cannot be a ground to refuse the grant of concession of bail. Learned counsel for the petitioner further submits that in criminal jurisprudence the counsel for the petitioner further submits that in criminal jurisprudence the counsel for the petitioner further submits that in criminal jurisprudence the counsel for the petitioner further submits that in criminal jurisprudence the vidence of the other case. The evidence of one case cannot be read into the evidence of the other case. The evidence of one case cannot be read into the e evidence of one case cannot be read into the e charges have already been framed and two witnesses have already been charges have already been framed and two witnesses have already been charges have already been framed and two witnesses have already been charges have already been framed and two witnesses have already been examined and any further incarceration of the petitioners could be violative examined and any further incarceration of the petitioners could be violative examined and any further incarceration of the petitioners could be violative examined and any further incarceration of the petitioners could be violative of their fundamental rights enshrined under Article 21. Learned counsel for of their fundamental rights enshrined under Article 21. Learned counsel for of their fundamental rights enshrined under Article 21. Learned counsel for of their fundamental rights enshrined under Article 21. Learned counsel for - the petitioners also prayed for parity on the ground that the other co e petitioners also prayed for parity on the ground that the other co- e petitioners also prayed for parity on the ground that the other co has already been granted the concession of bail by accused Sabir Khan and has already been granted the concession of bail by has already been granted the concession of bail by accused Sabir Khan this Court.

7. counsel for the petitioners has volunteered that the Learned counsel for the petitioners has volunteered that the counsel for the petitioners has volunteered that the each of the petitioners are ready to deposit a sum of Rs. each of the petitioners are ready t , which o deposit a sum of Rs.1,00,000/-, which be kept in the shape of FDR to ensure that they shall neither misuse the be kept in the shape of FDR to ensure that they shall neither misuse the be kept in the shape of FDR to ensure that they shall neither misuse the be kept in the shape of FDR to ensure that they shall neither misuse the concession granted nor procrastinate the trial. concession granted nor procrastinate the trial. concession granted nor procrastinate the trial. Manju 2024.05.28 16:54 I attest to the accuracy and integrity of this document CRM-M-56147 56147-2023 (O&M) and CRM-M M-1325-2024 3

8. 2023 has Learned counsel for the petitioner in CRM-M-56147-2023 has Learned counsel for the petitioner submitted that the petitioner has already undergone submitted that the 01 year 01 month and petitioner has already undergone 01 year 01 month and 22 days custody . Learned counsel for the petitioner in custody in the present FIR. Learned counsel for the petitioner in . Learned counsel for the petitioner in CRM-M-1325 has fairly submitted that the petitioner has not 1325-2024 has fairly submitted that the petitioner has not has fairly submitted that the petitioner has not claims completed one year as he was arrested on 18.07.2023, however, claims completed one year as he was arrested on 18.07.2023 completed one year as he was arrested on 18.07.2023 parity and submits that he has already undergone almost more than 10 parity and submits that he has already undergone almost more than 10 parity and submits that he has already undergone almost more than 10 parity and submits that he has already undergone almost more than 10 months custody and he may be granted the concession of regular bail. months custody and he may be granted the concession of regular bail. months custody and he may be granted the concession of regular bail. months custody and he may be granted the concession of regular bail. Learned counsel for the petitioner in CRM Learned counsel for the petitioner in submits that the CRM-M-1325-2024 submits that the other co-accused Mohit, Sahil and Sach in have been granted the concession accused Mohit, Sahil and Sachin have been granted the concession in have been granted the concession either by this Court or by the trial Court. either by this Court or by the trial Court.

9. In light of the above, coupled with the fact that the petitioners In light of the above, coupled with the fact that the petitioners In light of the above, coupled with the fact that the petitioners accused have have already undergone long incarceration and other co-accused have have already undergone long incarceration and other co have already undergone long incarceration and other co already been granted the concession of bail, already been granted the concession of therefore, no useful purpose bail, therefore, no useful purpose would be served by keeping the petitioners in custody, hence, the would be served by keeping the petitioners in custody, hence, the would be served by keeping the petitioners in custody, hence, the would be served by keeping the petitioners in custody, hence, the petitioners are entitled to the grant of the concession of regular bail. petitioners are entitled to the grant of the concession of regular bail. petitioners are entitled to the grant of the concession of regular bail.

10. Without commenting upon the merits of the case, the present ithout commenting upon the merits of the case, the present ithout commenting upon the merits of the case, the present are ordered to be released on bail petitions stand allowed and the petitioners are ordered to be released on bail are ordered to be released on bail petitions stand allowed and the subject to their furnishing an FDR of Rs.1 subject to their furnishing an FDR of Rs. each before the Court 1,00,000/- each before the Court below and on their furnishing bail bonds and below and on their to the satisfaction furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioners shall, however, of the trial Court/Duty Magistrate, concerned. The petitioners shall, however, of the trial Court/Duty Magistrate, concerned. The petitioners shall, however, of the trial Court/Duty Magistrate, concerned. The petitioners shall, however, be released on the following conditions: be released on the following conditions: The petitioners shall declare their i. ordinary place of residence and their ordinary place of residence and them. the mobile number used by them ii. The petitioners will not switch off mobile and in case of any will not switch off their mobile and in case of any to give an alternate number, which technical glitch, they have to give an alternate number, which to give an alternate number, which absence. will be available in their absence. iii. The petitioners will mark their presence before the SHO their presence before the SHO in case the SHO refuses to concerned, after every 15 days and in case the SHO refuses to concerned, after every 15 days and permitted to make an application mark their presence, they are permitted to make an application permitted to make an application before the Illaqa Magistrate, concerned. before the Illaqa Magistrate, concerned. iv. will not leave the country without the prior The petitioners will not leave the country without the prior will not leave the country without the prior will submit the copy of permission of the Court, for which they will submit the copy of permission of the Court, for which Manju 2024.05.28 16:54 I attest to the accuracy and integrity of this document CRM-M-56147 56147-2023 (O&M) and CRM-M M-1325-2024 4 their passport also. However, in case the petitioner passport also. However, in case the petitioners do not shall file an undertaking to the said possess a passport, then they shall file an undertaking to the said shall file an undertaking to the said effect before being released.

11. shall abide by the terms and conditions as The petitioners shall abide by the terms and conditions as shall abide by the terms and conditions as 9 of Cr.P.C. imposed in addition to Section 439 of Cr.P.C. imposed in addition to Section 43

12. However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and this order shall not be expression of opinion on the merits of the case and this order shall not be expression of opinion on the merits of the case and this order shall not be expression of opinion on the merits of the case and this order shall not be accused in any manner whatsoever. considered as parity qua any other co-accused in any manner whatsoever. considered as parity

13. Considering the antecedents of the petitioners, i t is made clear antecedents of the petitioners, it is made clear that, in case, the petitioners are found involved in any such activity once that, in case, the petitioners are found involved in any such activity once involved in any such activity once the present concession granted shall automatically stand vacated. again, the present concession granted shall automatically stand vacated. the present concession granted shall automatically stand vacated.

14. amount of FDR In case the petitioners are found convicted, the amount of FDR In case the petitioners are found fine (if any) along with interest shall be adjusted towards the payment of fine (if any) along with interest shall be adjusted towards the along with interest shall be adjusted towards the and in case the petitioners are acquitted the said amount shall be returned to and in case the petitioners are acquitted the said amount shall be returned to and in case the petitioners are acquitted the said amount shall be returned to and in case the petitioners are acquitted the said amount shall be returned to the petitioners without interest. the petitioners without interest.

16. Pending application(s), if any, stands disposed of. Pending application(s), if any, stands disposed A photocopy of this order be placed on the file of another A photocopy of this order be placed on the file of another A photocopy of this order be placed on the file of another connected case. connected case. , 2024 May 27, 2024 (ALOK JAIN) JUDGE Whether speaking/reasoned:- Whether speaking/reasoned: Whether Reportable:- Yes/No Yes/No Manju 2024.05.28 16:54 I attest to the accuracy and integrity of this document