Petitioner sought bail under S. 439 Cr.P.C. in an ARM robbery case. Court granted regular bail citing parity with co-accused and principle that culpability is determined at trial, noting petitioner had undergone seven months of incarceration.
Petitioner ordered to be released on regular bail to the satisfaction of the trial Court.
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Date of decision: 2nd September, 2015
Narender Singh
� Petitioner
Versus
State of Haryana
� Respondent
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Allegations against the petitioner Narender Singh in this petition filed under Section 439 Cr.P.C. seeking regular bail in case FIR No.8 dated 12.01.2015 registered at Police Station Parao, Ambala Cantt, District Ambala under Sections 394/34/120B IPC, are that on 12.01.2015 he along with his co8accused had robbed Manager employer of cash amounting to �12.00 lacs out of which a sum of �5.00 lacs is alleged to have recovered from the petitioner.
Contentions of learned counsel for the petitioner Mr.Ram Kumar Saini, Advocate that the petitioner is neither named in the FIR
RATTAN PAL SINGH 2015.09.02 16:01 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
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nor has been identified at the spot and that the alleged recovery cannot be reasonably connected with the crime, though are sought to be controverted on behalf of the State by Mr. Deepak Sabharwal, Addl. Advocate General, Haryana.
However, keeping in view that similarly placed co8accused namely Rajesh Kumar as well as Jagtar Singh @ Taru and Gurpreet Singh @ Banti have already been granted regular bail by this Court vide orders dated 26.05.2015 and 12.08.2015 respectively, in the light of principle of parity and the fact that culpability, if any, shall be determined at the time of trial together with the fact that trial is not likely to conclude in the near future and when petitioner has already undergone incarceration for a period of about seven months, this Court is of the opinion that no useful purpose will be served by keeping the petitioner behind bars any more in the present case. Accordingly, he is ordered to be released on regular bail to the satisfaction of trial Court.
The present petition stands disposed off accordingly.
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RATTAN PAL SINGH 2015.09.02 16:01 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
2 issues framed by the court
Whether the petitioner deserves to be released on regular bail despite not being named in the FIR but alleged in recovery.
Whether the petitioner should be released on bail to satisfy the principle of parity compared to similarly placed co-accused.
2 provisions across 2 enactments
Narender Singh
State of Haryana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
