High Court granted regular bail to the petitioner in an IPC snatching case on parity grounds, noting that a similarly placed co-accused had already been released by the Sessions Judge, without commenting on the merits of the allegations.
Petitioner admitted to bail on furnishing requisite bail bonds and surety bonds to the satisfaction of the Trial Court.
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.
213 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Neutral Citation No. 2023:PHHC:135082 CRM-M-20609-2023 Date of Decision: October 17, 2023
Mujahid
…Petitioner
Versus
State of Haryana
…Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: - Mr. Manoj Pundhir, Advocate for the petitioner.
Mr. Parveen Kumar Aggarwal, DAG, Haryana.
DEEPAK GUPTA, J.(Oral)
By way of this petition filed under Section 439 Cr.P.C., petitioner prays for grant of regular bail in case FIR No.1033, dated 17.12.2022, under Section 379-A of IPC (Sections 411, 201 and 34 of IPC added later on), registered at Police Station City Yamuna Nagar, District Yamuna Nagar, Haryana.
Status report by way of affidavit of Shri Kanwaljeet Singh, Deputy Superintendent of Police, Head Quarter, Yamuna Nagar, in the light of previous order dated 19.09.2023 on behalf of respondent-State has been filed. Custody certificate is also placed on record.
At the outset, learned counsel for the petitioner submits that similarly placed co-accused, Gulsher has been allowed bail by learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri, vide order dated 17.08.2023. Copy of that order has been placed on record.
As per allegations, mobile phone, cash amount and other articles were snatched by two boys, who had come on motorcycle, from complainant-Bimla Devi on 17.12.2022. Complaint was lodged, in which she disclosed that she would identify the snatchers. The mobile of the
SARITA RANI 2023.10.16 16:23 I attest to the accuracy and integrity of this document/order
Neutral Citation No. 2023:PHHC:135082 CRM-M-20609-2023
- 2 -
complainant was put on surveillance, which was found to be used by one Iqbal, who was joined in investigation and recovery of mobile phone was effected from him. Said Iqbal disclosed that he had purchased the mobile from petitioner Mujahid Haq. It emerged during investigation that said petitioner Mujahid Haq along with Gulsher had committed the offence.
Learned State counsel does not dispute the fact that the case of the petitioner-Mujahid is on the similar footing as that of co-accused Gulsher, who has already been allowed bail by learned Addl. Sessions Judge, Yamuna Nagar, vide order dated 17.08.2023.
Keeping in view the aforesaid facts and on the basis of parity, but without commenting anything on the merits of the case, petitioner is admitted to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate.
Allowed.
October 17, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
SARITA RANI 2023.10.16 16:23 I attest to the accuracy and integrity of this document/order
2 issues framed by the court
Whether bail should be granted to the petitioner on the basis of parity with a similarly placed co-accused.
Whether grant of bail requires comment on the merits of the case.
1 provisions across 1 enactments
Mujahid
State of Haryana
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
