The High Court
Case Details
CRM M-44080 44080-2024 (O&M) [1] 296 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CRM M RM M-44080-2024 (O&M) Date of Decision: 16.01.2025 Date of Decision: Hakam @ Jarrah Hakam @ Jarrah State of Haryana State of Haryana VERSUS ...Petitioner ...Respondent HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Present : Mr.Farukh Abdullah, Advocate for the petitioner. , Advocate for the petitioner. Present : Mr. Amit Aggarwal, DAG, Punjab. Mr. Amit Aggarwal, DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present second 483 second petition filed under Section 483 has been made for grant of regular bail to the of BNSS, 2023, prayer has been made for grant of regular bail to the has been made for grant of regular bail to the of BNSS, 2023,
Legal Reasoning
157 dated 25.06.2021 registered petitioner in case bearing FIR No.157 dated 25.06.2021 registered 157 dated 25.06.2021 registered petitioner in case bearing FIR No. 186, 224, 225, 511, 427 and 307 of IPC under Sections 332, 353, 186, 224, 225, 511, 427 and 307 of IPC 186, 224, 225, 511, 427 and 307 of IPC under Sections 332, 353, 1959 and Section 3(2) of Prevention and Sections 25 of the Arms Act, 1959 and Section 3(2) of Prevention 1959 and Section 3(2) of Prevention and Sections 25 of the Arms Act, 1984, registered at Police Station of Damage to Public Property Act, 1984, registered at Police Station 1984, registered at Police Station of Damage petitioner has been implicated Sadar Tauru, District Nuh, wherein the petitioner has been implicated Sadar Tauru, District Nuh, wherein the Sadar Tauru, District Nuh, wherein the with an intention the allegations of having fired at the police party with an intention the allegations of having fired at the with the allegations of having fired at the to kill; during ; during the said incident, the petitioner even pelted stones on the said incident, the petitioner even pelted stones on 15 boys with motive to rescue an 15 boys with motive to rescue the police party along with 10-15 boys with motive to rescue the police party along with 10 accused, namely, Daud, from the policy custody. accused, namely, Daud, from the policy custody. accused, namely, Daud, from the policy custody. 2. the Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that investigation stands completed with the filing of challan followed investigation stands completed with the investigation stands completed with the by framing of charges and the petitioner is in custody for the last almost framing of charges and the petitioner is in custody for the last almost framing of charges and the petitioner is in custody for the last almost framing of charges and the petitioner is in custody for the last almost merely 02 years. He further submits that the petitioner was implicated merely 02 years. He further submits that the petitioner was implicated 02 years. He further submits that the petitioner was implicated accused Daud, who has on the basis of disclosure made by co-accused Daud, who has on the basis of disclosure made by co on the basis of disclosure made by co il by the trial Court, already been granted the concession of regular bail by the trial Court, already been granted the concession of regular ba already been granted the concession of regular ba deserves the concession of bail. and thus the petitioner also deserves the concession of bail. and thus SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document CRM M-44080 44080-2024 (O&M) [2] 3. The prayer made on behalf of the petitioner has been The prayer made on behalf of the petitioner has been The prayer made on behalf of the petitioner has been opposed by learned State counsel while opposed referring to the antecedent of by learned State counsel while referring to the antecedent of the petitioner who is stated to be involved in multiple cases. He the petitioner who is stated to be involved in multiple cases. He the petitioner who is stated to be involved in multiple cases. He the petitioner who is stated to be involved in multiple cases. He further submits that in the present incident, the petitioner happened to further submits that in the present incident, the petitioner happened to further submits that in the present incident, the petitioner happened to further submits that in the present incident, the petitioner happened to be the main conspirator for the incident relating to the release of be the main conspirator for co- the incident relating to the release of co om the police party; with the said object, the accused Daud from the police party; with the said object, the om the police party; with the said object, the accused Daud fr petitioner even fired at the police party, besides pelting stones on petitioner even fired at the police party, besides pelting stones on petitioner even fired at the police party, besides pelting stones on petitioner even fired at the police party, besides pelting stones on them and in such circumstances, does not deserve the concession of them and in such circumstances, does not deserve the concession of them and in such circumstances, does not deserve the concession of them and in such circumstances, does not deserve the concession of bail. 4. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone through he paper book and unable to find any substance in the the paper book and unable to find any substance in the he paper book and unable to find any substance in the behalf of the petitioner. submissions made on behalf of the petitioner. submissions made on 5. In the present case, the petitioner is stated to be involved In the present case, the petitioner is stated to be involved In the present case, the petitioner is stated to be involved the details in 14 other cases under different provisions of IPC and the details in 14 other cases under different provisions of IPC and in 14 other cases under different provisions of IPC and thereof are extracted hereunder:- thereof are extracted h Particulars of the case Sr.No. Particulars of the case 1. FIR No.378/2012 dated 16.09.2012, u/ss 148, FIR No.378/2012 dated 16.09.2012, u/ss 148, FIR No.378/2012 dated 16.09.2012, u/ss 148, 149, 353, 186, 307 IPC and Sections 25/54 of 149, 353, 186, 307 IPC and Sections 25/54 of 149, 353, 186, 307 IPC and Sections 25/54 of Arms Act, Police Station Dharuhera, Rewari. Arms Act, Police Station Dharuhera, Rewari. A IPC, PS FIR No. 144/2023, under Section 174-A IPC, PS FIR No. 144/2023, under Section 174 Dharuhera, Rewari. Dharuhera, Rewari. FIR No. 355/2020 under Section 379 A IPC, PS FIR No. 355/2020 under Section 379 A IPC, PS FIR No. 355/2020 under Section 379 A IPC, PS Tosham, Bhiwani Tosham, Bhiwani A IPC, PS FIR No. 629/2022, under Section 174-A IPC, PS FIR No. 629/2022, under Section 174 Tosham, Bhiwani Tosham, Bhiwani FIR No. 29/2022, dated 18.01.2022 u/ss 457, FIR No. 29/2022, dated 18.01.2022 u/ss 457, FIR No. 29/2022, dated 18.01.2022 u/ss 457, 380, 34 IPC, PS Bilaspur, Gurugram. 380, 34 IPC, PS Bilaspur, Gurugram. 379 FIR No. 323/2012, dated 06.11.2012, u/s 379 FIR No. 323/2012, dated 06.11.2012, u/s IPC, PS Manesar, Gurugram IPC, PS Manesar, Gurugram 2. 3. 4. 5. 6. SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document CRM M-44080 44080-2024 (O&M) [3] 7. 8 9. 457, 380 FIR No. 8/2022 dated 05.01.2022, U/s 457, 380 FIR No. 8/2022 dated 05.01.2022, U/s IPC, PS Bhondsi, Gurugram. IPC, PS Bhondsi, Gurugram. FIR No.55/2022, dated 21.02.2022, U/s 457, FIR No.55/2022, dated 21.02.2022, U/s 457, FIR No.55/2022, dated 21.02.2022, U/s 457, 380 IPC, PS Sohna, Gurugram 380 IPC, PS Sohna, Gurugram FIR No. 83/2022, under Sections 457, 380 IPC, FIR No. 83/2022, under Sections 457, 380 IPC, FIR No. 83/2022, under Sections 457, 380 IPC, PS Bhondsi, Gurugram PS Bhondsi, Gurugram 10. FIR No. 1/2023 under Section 25 (1B), Arms FIR No. 1/2023 under Section 25 (1B), Arms FIR No. 1/2023 under Section 25 (1B), Arms Act, PS Sohna, Gurugram. Act, PS Sohna, Gurugram. 11. FIR No. 354/2020 dated 26.07.2020 under FIR No. 354/2020 dated 26.07.2020 under FIR No. 354/2020 dated 26.07.2020 under B, 397 IPC Sections 395, 458, 506, 427, 120-B, 397 IPC Sections 395, 458, 506, 427, 120 and Sections 25/54/59 of Arms Act, PS Tosham, and Sections 25/54/59 of Arms Act, PS Tosham, and Sections 25/54/59 of Arms Act, PS Tosham, Bhiwani. 12. Under FIR No. 739/2019 dated 29.11.2019, Under FIR No. 739/2019 dated 29.11.2019, Sections 379, 489 Sections 379, 489 Sections 379, 489 IPC, PS City Sohna, IPC, PS City Sohna, IPC, PS City Sohna, Gurugram. 13. A IPC, PS FIR No. 738/2022 under Section 174-A IPC, PS FIR No. 738/2022 under Section 174 Tosham, Bhiwani Tosham, Bhiwani 14. FIR No. 503/2018 under Section 379 IPC, PS FIR No. 503/2018 under Section 379 IPC, PS FIR No. 503/2018 under Section 379 IPC, PS A, Gurugram. Sector 10-A, Gurugram. 6. the allegations levelled against the petitioner in the As per the allegations levelled against the petitioner in the the allegations levelled against the petitioner in the present case, he even fired at the police party with an object to get present case, he even fired at the police party with an object to get present case, he even fired at the police party with an object to get present case, he even fired at the police party with an object to get one Daud S/o Sumer Khan @ Summa released from their custody one Daud S/o Sumer Khan @ Summa released from one Daud S/o Sumer Khan @ Summa released from their custody in relation to one another FIR. The petitioner even did not stop there relation to one another FIR. The petitioner even did not stop there relation to one another FIR. The petitioner even did not stop there relation to one another FIR. The petitioner even did not stop there and went on to chase the police party, besides pelting stones upon and went on to chase the police party, besides pelting stones upon and went on to chase the police party, besides pelting stones upon and went on to chase the police party, besides pelting stones upon earlier their vehicle with the help of his other accomplices. On an earlier their vehicle with the help of his other accomplices. On their vehicle with the help of his other accomplices. On petitioner approached this Court for seeking grant occasion also, the petitioner approached this Court for seeking grant petitioner approached this Court for seeking grant occasion by this of regular bail, however, the same was dismissed on merits by this of regular bail, however, the same was dismissed of regular bail, however, the same was dismissed Court vide order dated 16.01.2024 in CRM M-1415-2024. Court vide order dated 16.01.2024 in CRM M Court vide order dated 16.01.2024 in CRM M 7. , the gravity and seriousness of the incident in Also, the gravity and seriousness of the incident in , the gravity and seriousness of the incident in , the addition to the manner in which the offence has been committed, the addition to the manner in which the offence has been committed addition to the manner in which the offence has been committed SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document CRM M-44080 44080-2024 (O&M) [4] large as well grant of bail will leave adverse impact on the society at large as well grant of bail will leave adverse impact on the society at grant of bail will leave adverse impact on the society at as on the moral of the investigating agency. as on the moral of the investigating agency. as on the moral of the investigating agency. 8. totality of facts and circumstances of Keeping in view the totality of facts and circumstances of totality of facts and circumstances of the case in hand not inclined to entertain the present case in hand, this Court is not inclined to entertain the present not inclined to entertain the present petition, thus the same is hereby dismissed. petition, thus the same is hereby dismissed. petition, thus the same is hereby dismissed. 9. 5 prosecution witnesses only 02 have been Since out of 35 prosecution witnesses only 02 have been 5 prosecution witnesses only 02 have been examined so far, therefore, learned State counsel on instructions, examined so far, therefore, learned State counsel on instructions, examined so far, therefore, learned State counsel on instructions, examined so far, therefore, learned State counsel on instructions, assures that every effort shall be made to expedite the trial. assures that every effort shall be made to expedite the trial. assures that every effort shall be made to expedite the trial. 10. lication(s), if any, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous app
Decision
stand disposed of. stand disposed of. .01.2025 16.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.22 12:04 I attest to the accuracy and authenticity of this document