The High Court of Punjab and Haryana granted regular bail to the petitioner booked under Sections 392, 397 IPC and Section 25 Arms Act, relying on the complainant's clean chit and recovery of the car.
Petitioner ordered to be released on bail during the pendency of the trial subject to furnishing a bond of Rs. 1,00,000/- with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-23756-2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-23756-2014 (O&M) Date of Decision: December 11, 2014
Parveen
.....Petitioner
Versus
State of Haryana
......Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.Rakesh Nehra, Advocate for the petitioner.
Mr.Kapil Aggarwal, Additional Advocate General, Haryana.
Naresh Kumar Sanghi, J.(Oral)
Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Parveen, who has been booked for having committed the offences punishable under Sections 392 and 397, IPC, and Section 25 of the Arms Act in a case arising out of FIR No.741, dated 29.12.2013, registered at Police Station, Sector 10, District Gurgaon.
Learned counsel contends that Section 397, IPC, could not be mentioned in the head note of the petition since it was added later on. He further contends that the petitioner was arrested on 31.12.2013 in relation to FIR No.646/12, registered at Police Station, Sector 10, Gurgaon, for the offences punishable under Sections 398 and 401, IPC. Later on, on the disclosure
MEENU 2014.12.11 17:45 I attest to the accuracy and authenticity of this document chandigarh
CRM-M-23756-2014 (O&M)
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statement of the petitioner and his co-accused, he (petitioner) was also involved in the present case. No recovery was effected from the petitioner. Complainant-Koshal Kumar, whose car was allegedly looted by the petitioner and his co-accused, has already been examined as PW6 and he has given a clean chit to the petitioner. He was very categoric in his deposition that the petitioner was not amongst the persons who had looted his Ritz car. He further contends that the material witnesses have already been examined and the further incarceration of the petitioner is not necessitated in the present case. It has also been submitted that the petitioner is behind the bars for the last approximately one year.
Learned counsel for the State, on instructions from ASI Surinder Singh of Police Station, Sector 10, Gurgaon, very fairly concedes that the complainant of the present case has turned hostile. However, he submits that at the disclosure statement of the petitioner, Ritz car was recovered by the Investigating Agency.
I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
As per prosecution case, the petitioner has been charged for commission of offences punishable under Sections 392 and 397, IPC, and Section 25 of the Arms Act. The recovery of the car itself would not connect the petitioner with the offences punishable under Sections 392 and 397, IPC. Concededly, no illegal weapon was recovered from the petitioner, therefore, the applicability of Section 25 of the Arms Act would also be a moot
MEENU 2014.12.11 17:45 I attest to the accuracy and authenticity of this document chandigarh
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CRM-M-23756-2014 (O&M)
point during trial. Admittedly, the complainant has failed to support the prosecution version.
Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Parveen son of Kadam Singh, resident of Village Madana, Police Station, Sadar, Jhajjar, presently residing at Village Thana Kalan, Police Station, Kharkhoda, District Sonepat, is ordered to be released on bail during pendency of the trial of the present case subject to his furnishing bond in the sum of `1,00,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Gurgaon.
December 11, 2014 (Naresh Kumar Sanghi) meenu Judge
MEENU 2014.12.11 17:45 I attest to the accuracy and authenticity of this document chandigarh
1 issue framed by the court
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C. given the testimony of the complainant and recovery of the vehicle.
3 provisions across 3 enactments
Parveen
State of Haryana
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
