The High Court
Case Details
CRM M-58136 58136-2024 (O&M) [1] 324 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-58136-2024 (O&M) Date of Decision: 14.02.2025 Date of Decision: 14.02. Vishal Khanna Vishal Khanna State of Haryana State of Haryana VERSUS ...Petitioner ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Ms. Mehak Sharma, Advocate for Present : Ms. Mehak Sharma, Advocate for Present : Mr. Manoj Kumar, Advocate for the petitioner. Mr. Manoj Kumar, Advocate for the petitioner. Mr. Amit Aggarwal, DAG, Haryana. Mr. Amit Aggarwal, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present second Section 483 second petition filed under Section 483 , prayer has been made for grant of regular bail to the of BNSS, 2023, prayer has been made for grant of regular bail to the , prayer has been made for grant of regular bail to the of BNSS, 2023 122 dated 03.04.2024 under petitioner in case bearing FIR No.122 dated 03.04.2024 under petitioner in case bearing FIR No. petitioner in case bearing FIR No. Sections 406, 420 IPC, registered at Police Station, Ambala City, Sections 406, 420 IPC, registered at Police Station, Ambala City, Sections 406, 420 IPC, registered at Police Station, Ambala City, Sections 406, 420 IPC, registered at Police Station, Ambala City, implicated with the District Ambala; whereby the petitioner has been implicated with the District Ambala; whereby the petitioner has been District Ambala; whereby the petitioner has been allegation of having misappropriated gold ornaments handed over to allegation of having misappropriated gold ornaments handed over to allegation of having misappropriated gold ornaments handed over to allegation of having misappropriated gold ornaments handed over to him by the complainant. him by the complainant. 2. Custody certificate has been filed in Court today. The Custody certificate has been filed in Court today. The Custody certificate has been filed in Court today. The same is taken on record. Registry to tag the same at appropriate same is taken on record. Registry to tag the same at appropriate same is taken on record. Registry to tag the same at appropriate same is taken on record. Registry to tag the same at appropriate place. 3. Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the Learned counsel for the petitioner submits that the investigation already stands concluded with the filing of challan; the investigation already stands concluded with the filing of challan; the investigation already stands concluded with the filing of challan; the investigation already stands concluded with the filing of challan; the case in hand is triable by Magistrate and since the petitioner is case in hand is triable by Magistrate and since the petitioner case in hand is triable by Magistrate and since the petitioner is in custody for the last 09 months, thus he deserves the concession of custody for the last 09 months, thus he deserves the concession custody for the last 09 months, thus he deserves the concession custody for the last 09 months, thus he deserves the concession bail. 3. he prayer made on behalf of the On the other hand, the prayer made on behalf of the he prayer made on behalf of the while referring petitioner has been opposed by learned State counsel while referring petitioner has been opposed by learned State counsel petitioner has been opposed by learned State counsel SANJAY GUPTA 2025.02.14 18:49 I attest to the accuracy and authenticity of this document CRM M-58136 58136-2024 (O&M) [2] to the allegations of misappropriation of gold ornaments and further to the allegations of misappropriation of gold ornaments and further to the allegations of misappropriation of gold ornaments and further to the allegations of misappropriation of gold ornaments and further r nature and thus he petitioner is involved in other complaints of similar nature and thus he petitioner is involved in other complaints of simila petitioner is involved in other complaints of simila does not deserve the concession of bail. does not deserve the concession of bail. 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 the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by through the paper book. I find substance in the submissions made by learned counsel for the petitioner. learned counsel for the petitioner. 5. In In the present case, the present case, stigation already stands investigation already stands inve filing of challan, followed by framing of charges, filing of challan, followed by framing of charges concluded with the filing of challan, followed by framing of charges concluded with the however, none of the prosecution witness has been examined so far. however, none of the prosecution witness has been examined so far. however, none of the prosecution witness has been examined so far. however, none of the prosecution witness has been examined so far. The petitioner is in custody for the last more than 09 months. Despite The petitioner is in custody for the last more than 09 months. Despite The petitioner is in custody for the last more than 09 months. Despite The petitioner is in custody for the last more than 09 months. Despite repeated adjournments and even after repeated adjournments a issuance of bailable warrants after issuance of bailable warrants Court against the complainant, he is not appearing before the trial Court against the complainant, he is not appearing before the trial against the complainant, he is not appearing before the trial and now even non bailable warrants have been issued for his now even non-bailable warrants have been issued for his bailable warrants have been issued for his thus in such circumstances, appearance as witness for 25.02.2025; thus in such circumstances, appearance as witness for 25.02.2025; appearance as witness for 25.02.2025; considering ct that the trial is likely to take some time, I do not onsidering the fact that the trial is likely to take some time, I do not ct that the trial is likely to take some time, I do not justification to extend the incarceration of the petitioner. justification to extend the incarceration of the petitioner find any justification to extend the incarceration of the petitioner 6. Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is of the case, the present petition is allowed and the petitioner is furnishing adequate bail rdered to be released on bail, subject to his furnishing adequate bail rdered to be released on bail, subject to ordered to be released on bail, subject to surety bonds to the satisfaction of the concerned Trial bonds/ surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate. Court/Duty Magistrate. 7. Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if any, shall also
Decision
stand disposed of. stand disposed of. 2025 14.02.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.02.14 18:49 I attest to the accuracy and authenticity of this document