The Court granted regular bail to the petitioner in a case involving robbery and arms charge. Bail was allowed on the condition of a personal bond and two sureties, requiring the petitioner to maintain peace and good behaviour.
Petitioner granted bail on furnishing personal bond and two sureties with undertaking to maintain peace and good behaviour.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-12825 of 2010
.....
Date of decision:15.10.2010
Jameel
.....Petitioner v.
State of Haryana
.....Respondent
Present: Mr. Satish Chaudhary, Advocate for the petitioner.
Mr. Pawan Singh, Assistant Advocate General, Haryana for the respondent-State.
S.S. Saron, J.
Heard learned counsel for the parties.
The petitioner seeks regular bail in a case registered against him on 27.9.2008 for the offences under Sections 395 and 397 IPC; besides, Section 25 of the Arms Act.
The FIR in the case has been registered on the statement of Wasim Akram who works as driver on an Eicher Canter No.HR 55-A-7590. On 26.9.2008, the complainant Wasim Akram was coming back after unloading spare parts of Maruti at Manesar. He came through the passage of Chahlaka hillock. Ahead of Chahlaka hillock at about 7.30 p.m. four persons came riding motorcycles from the rear side. Due to darkness and bad road the vehicle driven by Wasim Akram-complainant was being driven at a slow speed. The four persons who had come on the motorcycles went ahead of the vehicle of the complainant and stopped it. The motorcycles
Cr. Misc. No.M-12825 of 2010
[2]
were of black colour without number. They made him get down from the vehicle and at a distance of about approximately 2 Killas from the road put him on the road by tying his hands and feet. They were naming each other as Hanni, Jameel, Naresh and Tarif. One of them had a defect in his eye. They looted the vehicle of the petitioner by threatening him with `Katta'. After a long time, the complainant untied his hands and feet with great difficulty and came on the road. A vehicle was coming on the road which was signalled to stop and he got in it and went to Village Kanwarsika and gave information of the occurrence to his owner Hajla Khan. Mohd. Iqbal, Hazi Nazir Khan and the complainant himself came with them to Tauru. It was requested that action be taken.
The co-accused of the petitioner, namely, Tej Pal alias Hanny and Minsar son of Asru have been granted regular bail by the learned Additional Sessions Judge, Nuh vide orders dated 6.2.2009 (Annexure-P.1) and dated 13.1.2009 (Annexure-P.2) respectively. The petitioner has been declined bail vide order dated 19.12.2009 (Annexure-P.3) as it was inter alia observed that he had evaded his arrest since long besides, he was involved in many criminal cases. The petitioner is in custody since 11.12.2008. The prosecution has cited 17 witnesses and out of them only four have been examined. As regards the other cases, learned counsel for the State, on instructions from HC Inderjit Singh, on 16.8.2010 had submitted that the petitioner was involved in case FIR No.477 dated 11.11.2008 for the offences under Sections 398 and 401 IPC; besides, a case under Section 25 of the Arms Act is registered at Police Station, Sohna, District Gurgaon.
Learned counsel for the State, on instructions from ASI Sanjay
Cr. Misc. No.M-12825 of 2010
[3]
Kumar, Police Station Tauru, has submitted that the petitioner is involved in 8 cases as per his disclosure statement. However, he is unable to give the details of the same. The petitioner is in custody for one year and 10 months. Even though the learned Additional Sessions Judge in his order dated 19.12.2009 (Annexure-P.3) while declining bail to the petitioner has observed that the trial in the case is likely to commence and conclude very soon, however, the same is not nearing completion. The fact that the petitioner is involved in other cases can be safeguarded by asking him to furnish security and also ask him to maintain peace and good behaviour while on bail.
In the facts and circumstances, the petitioner on his furnishing personal bond and two sureties to the satisfaction of learned Chief Judicial Magistrate, District Mewat at Nuh shall be admitted to bail. One of the sureties to be furnished by the petitioner shall be of a respectable person of his locality who along with the petitioner shall undertake that while on bail the petitioner shall maintain peace and good behaviour and in the event of his failure to maintain peace and good behaviour the bail that has been granted shall be cancelled.
The criminal miscellaneous petition stands disposed of.
October 15, 2010. hsp
(S.S. Saron) Judge
2 issues framed by the court
Whether the petitioner, who is in custody and involved in multiple criminal cases, should be granted regular bail.
What terms and security are required for the admission to bail.
2 provisions across 2 enactments
Jameel
State of Haryana
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
