The High Court
Case Details
CRM M-61645 61645-2024 (O&M) [1] 325 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 RM M-61645-2024 (O&M) CRM M Date of Decision: 23.01.2025 Date of Decision: Parmod @ Kala Parmod @ Kala State of Haryana State of Haryana VERSUS ...Petitioner ...Respondent ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Present : Mr.J.S. Thind, Advocate for the petitioner. J.S. Thind, Advocate for the petitioner. Present : Mr. R.P. Singh, DAG, Haryana. Mr. R.P. Singh, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present second 483 second petition filed under Section 483 made for grant of regular bail to the of BNSS, 2023, prayer has been made for grant of regular bail to the made for grant of regular bail to the of BNSS, 2023 under petitioner in case bearing FIR No.406 dated 25.08.2023 under petitioner in case bearing FIR No. petitioner in case bearing FIR No. Sections s 147, 149, 323, 325, 341, 379 147, 149, 323, 325, 341, 379-B, 506 of IPC (Sections 120 B, 506 of IPC (Sections 120-B, 385 and 307 IPC added later on), 385 and 307 registered at Police Station added later on), registered at Police Station Narnaund, District Hansi, whereby the petitioner Narnaund, District Hansi along with co- whereby the petitioner along with co accused has been implicated with the allegation of accused having given has been implicated with the allegation of having given to Satinder while snatching Rs.67000/- from him. to Satinder while snatching Rs.67000/ injuries to Satinder while snatching Rs.67000/ 2. along with reply by way of affidavit of Custody certificate along with reply by way of affidavit of along with reply by way of affidavit of been filed in Court today. The Sh.Raj Singh, DSP, Narnaund has been filed in Court today. The been filed in Court today. The Sh.Raj Singh, DSP, Narnaund 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 injured Learned counsel for the petitioner submits that the injured Learned counsel for the petitioner submits that the injured eye-witness supported the prosecution version and witness-Satinder has not supported the prosecution version and supported the prosecution version and the petitioner the petitioner is is ustody since 13.09.2023; whereas in custody since 13.09.2023; whereas ustody since 13.09.2023; whereas in c the the the investigation already stands concluded with the investigation already stands and concluded with the filing of challan and thus petitioner deserves the concession of bail. petitioner deserves the concession of bail. 4. prayer made on behalf of the On the other hand, prayer made on behalf of the prayer made on behalf of the while petitioner has been opposed by learned State counsel while petitioner has been opposed by learned State co petitioner has been opposed by learned State co SANJAY GUPTA 2025.01.24 12:08 I attest to the accuracy and authenticity of this document CRM M-61645 61645-2024 (O&M) [2] petitioner actually participated in the incident; and submitting that the petitioner actually participated in the incident; and petitioner actually participated in the incident; and submitting that the and thus the he is involved in two more cases, though on bail and thus the he is involved in two more cases, though on bail he is involved in two more cases, though on bail petitioner does not deserve the concession of bail. petitioner does not deserve the concession of bail. petitioner does not deserve the concession of bail. 5. one I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and g 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. 6. In In In the present case, the present case, the present case, investigation already stands investigation already stands investigation already stands 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 the injured–Satinder who appeared as PW1 is stated to the injured not o appeared as PW1 is stated to have not supported the prosecution version as he has not identified the supported the prosecution version as he has not identified the supported the prosecution version as he has not identified the supported the prosecution version as he has not identified the accused persons in the Court through Video conferencing. accused person The s in the Court through Video conferencing. The petitioner is in custody for the last more than petitioner is in custody for the last more than 01 year and 04 months months; two more cases, however, he has already been though involved in two more cases, however, he has already been two more cases, however, he has already been though involved in granted regular bail therein, in such circumstances, c granted regular bail therein the , in such circumstances, considering the fact that the trial is likely to take some time, I do not find any fact that the trial is likely to take some time, I do not find any fact that the trial is likely to take some time, I do not find any fact that the trial is likely to take some time, I do not find any justification to extend the incarceration of the petitioner. justification to extend the incarceration of the petitioner justification to extend the incarceration of the petitioner 7. y, without expressing any opinion on the merits Accordingly, without expressing any opinion on the merits y, 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 ordered to be released on bail, subject to his furnishing adequate bail ordered 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 Duty Magistrate. Court/Duty Magistrate. 8. 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. .01.2025 23.01.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.01.24 12:08 I attest to the accuracy and authenticity of this document