Punjab-Haryana High Court
Amit Kalra vs State Of Haryana on 18 August, 2023
Author: Harnaresh Singh Gill
Bench: Harnaresh Singh Gill
PARVEEN KUMAR 2023.08.18 20:00 2023:PHHC:107299 CRM-M-39209-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39209-2023 Date of decision: 18.08.2023 AMIT KALRA ...Petitioner Versus STATE OF HARYANA 2 -- Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. H.S.Saggu, Advocate, for the petitioner.
Ms. Ankita Ahuja, AAG, Haryana.
HARNARESH SINGH GILL, J. (QRAL)
1. Through this petition, the petitioner seeks regular bail in case FIR No.381 dated 09.04.2022, registered at Police Station Shahabad, District Kurukshetra, under Sections 380 and 457 IPC (Sections 473, 461, 427, 201 and 120-B IPC added later on).
2. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the present case; that the petitioner has been in custody since 22.04.2022; that recovery has already been effected, and that the complainant has been examined, but some prosecution witnesses are yet to be examined. So far as another case registered against the petitioner, is concerned, he has been released on bail therein. It is further submitted that one of the accused is yet to be arrested. It is further submitted that co-accused, namely, Lakhwinder Singh @ Lakhwinder has since been granted the concession of regular bail, vide order dated 07.07.2023 passed by this Court in CRM-M-16898-2023.
| attest to the accuracy and authenticity of this order/judgment PARVEEN KUMAR 2023.08.18 20:00 2023:PHHC:107299 CRM-M-39209-2023
3. On the other hand, learned State counsel, while opposing the grant of bail to the petitioner, submits that the petitioner had actively participated in the crime; that the petitioner alongwith the co-accused had stolen ATM machine containing the amount of Rs.18,41,600/-, and that recovery of Rs.4 lakh had been effected from the petitioner. In addition, recovery of Scorpio vehicle having forged registration plate alongwith ATM machine parts, had been effected from the petitioner and co-accused, namely, Lakhwinder Singh, in pursuance of their disclosure statements.
4. I have heard the learned counsel for the parties.
5. Though the recovery has been effected from the petitioner, yet the fact remains that he has been in custody since 22.04.2022 and that some of the prosecution witnesses are yet to be examined. So far as another case registered against the petitioner, is concerned, he has been released on bail therein. As stated above, co-accused, namely, Lakhwinder Singh @ Lakhwinder has since been granted the concession of regular bail. As such, trial of the case would take time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.
6. In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.
18.08.2023 (HARNARESH SINGH GILL) parveen kumar JUDGE Whether reasoned/speaking? Yes/No Whether reportable? Yes/No | attest to the accuracy and authenticity of this order/judgment