Punjab-Haryana High Court
Devender vs The State Of Haryana on 27 July, 2018
Author: Surinder Gupta
Bench: Surinder Gupta
CRM-M-30607 of 2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-30607 of 2018
Date of Decision: 27.07.2018
Devender ....Petitioner
VERSUS
State of Haryana ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Deepinder Brar, Advocate
for the petitioner.
Ms. Dimple Jain, AAG, Haryana.
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SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.94 dated 11.02.2018 registered for offences punishable under Sections 420/120-B of Indian Penal Code (for short, "IPC"), 7 of Essential Commodities Act, 1955 and 3(2) of O&P of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 at Police Station Sadar Dadri, District Dadri.
Heard.
As per case of prosecution, tanker bearing registration no. HR- 39-B-2575 was apprehended while transferring adulterated oil in the tank of a filling station. Atul son of Dharmender and Kuldeep son of Lal Chand were apprehended at the spot while driver of the tanker, namely, Sonu succeeded in escaping. It was found that oil being transferred to the tank of filling station was adulterated oil and was procured at the instance of petitioner, who is an employee of Food and Supplies Department and he 1 of 3 ::: Downloaded on - 28-07-2018 06:50:00 ::: CRM-M-30607 of 2018 -2- sells such adulterated oil to public at the filling station in place of genuine oil.
Learned counsel for the petitioner submits that owner of filling station, namely, Dharmender and other accused named in the FIR namely, Kuldeep have been released on bail. The petitioner was arrested in this case on 21.06.2018 and no other recovery is to be effected form him.
Learned State counsel submits that the petitioner was arrested on the disclosure statement of co-accused and he was also named in the FIR. Three other accused are yet to be arrested and the matter is still under investigation.
Keeping in view the fact that owner of petrol pump where adulterated oil was being transferred in the tank for sale to public as genuine oil has been allowed bail and that completion of investigation, presentation of challan and then conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Devender is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the Court.
July 27, 2018 ( SURINDER GUPTA )
jk JUDGE
Whether speaking/reasoned Yes/No
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CRM-M-30607 of 2018 -3-
Whether reportable Yes/No
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