Punjab-Haryana High Court
Dinesh Rathi vs State Of Haryana on 31 August, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:114450
2023:PHHC:114450
CRM-M-41887-2023 (O & M) ::1::
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-41887-2023 (O & M)
Date of Decision: 31.08.2023
Dinesh Rathi ... Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Robin Singh Hooda, Advocate,
for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
****
JASJIT SINGH BEDI, J.
The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.75 dated 29.07.2021 under Section 15 Petroleum and Minerals Pipelines Act, 1962, 3, 4 Explosive Substances Act, 1908, Sections 379, 427 IPC, and Sections 3, 4 Prevention of Damage to Public Property Act, 1984, (Section 413, 117, 120-B IPC and Sections 15/16 Amendment Act, 15(IV) of the Petroleum & Mineral Pipe Line Act, 2021 and Sections 25/54/59 of the Arms Act added later on) registered at Police Station Rhorai, District Rewari.
2. The present FIR came to be registered on the basis of a written application moved by the Operation Manager. As per the Manager IOCL, he had gone to the spot on being asked by the Guard Sukhbir on 29.07.2021 that Crude Oil was spilling in the vicinity of Umed's fields and that someone had installed a hole/valve in the pipeline.
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Based on the information, the officials from IOCL had visited the site and an area adjacent to the pipeline where they had discovered that a valve/hole had been installed in the pipeline thereby committing the act of theft of Crude Oil and damage to property. On the basis of the complaint filed, the FIR came to be registered.
During the course of investigation, co-accused Ravi Kumar, Harish alias Mistri, Anil alias Sonu, Ravinder alias Bablu, Vijay alias Ajay, Binder, Suraj, Manish and Sunny were arrested in FIR No.112/2021 registered at Police Station Bawal. They were interrogated. They admitted their involvement in the commission of the present offence as well. They were arrested in the present case and interrogated. Based on their disclosure statements, offences punishable under Sections 117, 120-N, 411 IPC were added to the case. It came on record that the equipment and vehicles used by the said accused in commission of the present crime had already been recovered by them while being in custody in connection with FIR No.112 of 2021 registered at Police Station Bawal.
Thereafter, a sum of Rs.1700 was recovered from Suraj, a sum of Rs.1300/- was recovered from Sunny and a sum of Rs.2300/- was recovered from Ravinder alias Chirkut, a sum of Rs.1600/- was recovered from Ravi, a sum of Rs.3200/- was recovered from Harish, a sum of Rs.3700/- was recovered from Binder, a sum of Rs.1400/- was recovered from Vijay, a sum of Rs.1000/- was recovered from Manish alias Sonu 2 of 9 ::: Downloaded on - 18-09-2023 07:29:55 ::: Neutral Citation No:=2023:PHHC:114450 2023:PHHC:114450 CRM-M-41887-2023 (O & M) ::3::
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and a sum of Rs.2400/- was recovered from Anil. The recovered amounts were taken into possession in terms of separate memos prepared in this regard. The arrested accused got demarcated the places of occurrence.
During further investigation, it was found that Nakul Bedi was a habitual criminal and was involved in the sale and purchase of stolen oil and accordingly, the offences punishable under Sections 413 and 15(IV) of PMPL Amendment Act, 2021 were added to the case and the offence punishable under Section 411 IPC was dropped. The final report qua the above-named accused was submitted in the Court on 10.05.2022.
During the course of further investigation, accused Dinesh Rathi (petitioner) and Narender Singh were arrested in the present case on 19.09.2022. They were interrogated while being in custody and they admitted their involvement in the commission of the present crime as well.
Co-accused/Nakul Bedi (since granted bail vide order dated 29073-2023 passed in CRM-M-29073-2023), Desh Raj and Pawan (since granted bail vide order dated 26.07.2023 passed in CRM-M-856-2023) had been arrested in the another case. Their production warrants were issued and they were joined in the investigation in the present case as well when they were arrested.
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A sum of Rs.10,000/- was recovered from Pawan whereas a sum of Rs.30,000/- was recovered from Nakul Bedi and likewise, a sum of Rs.10,000/- was recovered from the petitioner-Dinesh Rathi from the proceeds of the sale of stolen oil.
Consequent upon the completion of the investigation qua Pawan, Narender, Dinesh Rathi (petitioner) and Nakul Bedi, a supplementary report under Section 173(8) was submitted in the Court on 18.12.2022.
During the course of further investigation, co-accused Sunil alias Banda was arrested and the final report qua him was also submitted in the Court.
3. The learned counsel for the petitioner contends that the petitioner has not been named in the FIR but has been arrayed as an accused later on as per the disclosure statements of the arrested accused. The said disclosure statements have no evidentiary value in the eyes of law. As the petitioner was in custody since 19.09.2022 and only 04 out of the 29 prosecution witnesses had been examined so far, he was entitled to the concession of bail, moreso, when in four of the other cases registered against him vide FIR No.93 dated 26.03.2021 under Sections 268, 285, 286, 379, 511 and 34 IPC, Sections 15, 16 PMP Act, 1962, Section 4 of the Explosive Substances Act, 1908 and Section 3 of the Motor Spirit and High Speed Diesel Order, 1908, Police Station Badli, District Jhajjar, FIR No.53 dated 22.01.2022 under Sections 15 and 16 of 4 of 9 ::: Downloaded on - 18-09-2023 07:29:55 ::: Neutral Citation No:=2023:PHHC:114450 2023:PHHC:114450 CRM-M-41887-2023 (O & M) ::5::
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the Petroleum and Mineral Pipe Line Act, 1962, Sections 3 & 4 of PDPP Act, 1908 and Sections 268, 285, 379 and 511 IPC, Police Station Sampla, District Rohtak, FIR No.112 dated 10.04.2021 under Sections Sections 15 and 16 of the Petroleum and Mineral Pipe Line Act, 1962, Sections 3 & 4 of the Explosive Substances Act, 1908 and Sections 3 & 4 of the Prevention of Damage to the Public Property Act, 1984 and 379, 117, 411, 420, 467, 468, 471, 120-B and 34 IPC, Police Station Bawal, District Rewari and FIR No.264 dated 26.12.2021 under Sections 15/16 and 15(IV) of the Petroleum and Minerals Pipelines Act, 1962 and Sections 379, 34 IPC, Section 3 of the Prevention of Damage to Public Property Act, 1984 at Police Station Rampura, District Rewari, he had already been granted the concession of bail. Even otherwise, two co-
accsed, namely, Pawan and Nakul Bedi have been granted similar relief vide separate orders dated 26.07.2023 (Annexures P-2 and P-3 respectively).
4. The learned counsel for the State, on the other hand, contends that the petitioner is one of the main accused who had committed the offence alongwith the other accused. He contends that the petitioner was an accused in 10 other cases registered vide FIR No.162 of 23.03.2021 under Sections 15, 16 Petroleum & Mineral Pipe Line Act, 1962, Section 4 of the Explosive Substance Act, 1908 and Section 268, 285, 286, 379, 188 IPC and Section 3 Motor Spirit and High Speed Diesel Order, 1998, Police Station Sampla, District Rohtak, FIR No.93 5 of 9 ::: Downloaded on - 18-09-2023 07:29:55 ::: Neutral Citation No:=2023:PHHC:114450 2023:PHHC:114450 CRM-M-41887-2023 (O & M) ::6::
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dated 26.03.2021 under Sections 268, 285, 286, 379, 511 and 34 IPC, Sections 15, 16 PMP Act, 1962, Section 4 of the Explosive Substances Act, 1908 and Section 3 of the Motor Spirit and High Speed Diesel Order, 1908, Police Station Badli, District Jhajjar, FIR No.127 dated 03.08.2021 under Sections 268, 285, 286, 379 and 34 IPC, etc. under Sections 15, 16 Petroleum & Mineral Pipe Line Act, 1962, Section 4 of the Explosive Substance Act, 1908, Police Station Macchraul, District Panipat, FIR No.350 dated 09.09.2021 under Sections 379, 511 IPC and Sections 15, 16 Petroleum & Mineral Pipe Line Act, 1962, Section 3 of the PDPP Act, 1984, Police Station Sadar Jhajjar, District Jhajjar, FIR No.450 dated 23.12.2021 under Sections 379, 285, 511 and 34 IPC and Sections 15, 16 of the Petroleum & Mineral Pipe Line Act, 1962 and Section 3 of the PDPP Act, 1984, Police Station Asauda, FIR No.53 dated 22.01.2022 under Sections 15 and 16 of the Petroleum and Mineral Pipe Line Act, 1962, Sections 3 & 4 of PDPP Act, 1908 and Sections 268, 285, 379 and 511 IPC, Police Station Sampla, District Rohtak, FIR No.461 dated 18.08.2021 under Sections 15 and 16 Petroleum & Mineral Pipe Line Act, 1962, Sections 3 & 4 of PDPP Act, 1908 and Sections 268, 285, 379 and 511 IPC, Police Station Sampla, District Rohtak, FIR No.112 dated 10.04.2021 under Sections Sections 15 and 16 of the Petroleum and Mineral Pipe Line Act, 1962, Sections 3 & 4 of the Explosive Substances Act, 1908 and Sections 3 & 4 of the Prevention of Damage to the Public Property Act, 1984 and 379, 117, 411, 420, 467, 468, 471,
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120-B and 34 IPC, Police Station Bawal, District Rewari, FIR No.87 dated 08.08.2021 under Sections 15, 16 Pertroleum & Mineral Pipe Line Act, 1962, Sections 379/34 IPC and Section 3 of PDPP Act, 1962, Police Station Rohri, District Rewari and FIR No.264 dated 26.12.2021 under Sections 15/16 and 15(IV) of the Petroleum and Minerals Pipelines Act, 1962 and Sections 379, 34 IPC, Section 3 of the Prevention of Damage to Public Property Act, 1984 at Police Station Rampura, District Rewari, and, and therefore, the criminal antecedents of the petitioner did not entitle him to the grant of bail. He, however, concedes the fact that the petitioner is in custody since 19.09.2022, 04 out of the 29 prosecution witnesses have been examined so far and in four cases of identical nature arising out of FIR No.93 dated 26.03.2021, FIR No.53 dated 22.01.2022 , FIR No.112 dated 10.04.2021 and FIR No.264 dated 26.12.2021 he had already been granted the concession of bail.
5. I have heard the learned counsel for the parties.
6. Admittedly, the petitioner is named in the disclosure statements of his co-accused. Whether the other evidence available against the petitioner is sufficient to affix liability upon him would be a matter of adjudication during the course of the Trial. At this stage, the petitioner is in custody since 19.09.2022, investigation stands completed and only 04 of the 29 prosecution witnesses have been examined so far.
In four of the other cases registered against him vide FIR No.93 dated 26.03.2021 under Sections 268, 285, 286, 379, 511 and 34 IPC, Sections 7 of 9 ::: Downloaded on - 18-09-2023 07:29:55 ::: Neutral Citation No:=2023:PHHC:114450 2023:PHHC:114450 CRM-M-41887-2023 (O & M) ::8::
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15, 16 PMP Act, 1962, Section 4 of the Explosive Substances Act, 1908 and Section 3 of the Motor Spirit and High Speed Diesel Order, 1908, Police Station Badli, District Jhajjar, FIR No.53 dated 22.01.2022 under Sections 15 and 16 of the Petroleum and Mineral Pipe Line Act, 1962, Sections 3 & 4 of PDPP Act, 1908 and Sections 268, 285, 379 and 511 IPC, Police Station Sampla, District Rohtak, FIR No.112 dated 10.04.2021 under Sections Sections 15 and 16 of the Petroleum and Mineral Pipe Line Act, 1962, Sections 3 & 4 of the Explosive Substances Act, 1908 and Sections 3 & 4 of the Prevention of Damage to the Public Property Act, 1984 and 379, 117, 411, 420, 467, 468, 471, 120-B and 34 IPC, Police Station Bawal, District Rewari and FIR No.264 dated 26.12.2021 under Sections 15/16 and 15(IV) of the Petroleum and Minerals Pipelines Act, 1962 and Sections 379, 34 IPC, Section 3 of the Prevention of Damage to Public Property Act, 1984 at Police Station Rampura, District Rewari, the petitioner has already been granted the similar concession. Therefore, his further incarceration in the present case is not required, moreso as his two co-accsed, namely, Pawan and Nakul Bedi have been granted similar relief vide separate orders dated 26.07.2023 (Annexures P-2 and P-3 respectively)..
7. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner-Dinesh Rathi is ordered to be released on regular bail subject to his furnishing requisite bail 8 of 9 ::: Downloaded on - 18-09-2023 07:29:55 ::: Neutral Citation No:=2023:PHHC:114450 2023:PHHC:114450 CRM-M-41887-2023 (O & M) ::9::
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bonds/surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate.
8. The petitioner shall appear on the first Monday of every month before the police station concerned till the conclusion of the trial and furnish an affidavit each time that he is not involved in any case/crime other than the case(s) mentioned in this order
9. In addition, the petitioner (or through someone else on his behalf) shall prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from Trial without sufficient cause.
(JASJIT SINGH BEDI) JUDGE August 31, 2023 sukhpreet Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Neutral Citation No:=2023:PHHC:114450 9 of 9 ::: Downloaded on - 18-09-2023 07:29:55 :::