Punjab-Haryana High Court
Sharvan vs State Of Haryana on 7 May, 2024
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
Neutral Citation No:=2024:PHHC:065313
219 2024:PHHC:065313
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-30284-2023(O&M)
Date of decision: 07.05.2024
Sharvan
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present: Mr. Manoj Pundir, Advocate for the petitioner.
Mr. Kiran Pal Singh, AAG, Haryana.
******
MAHABIR SINGH SINDHU, J.
Present petition has been filed under Section 439 of Cr.P.C. for grant of bail pending trial to petitioner in FIR No. 271 dated 21.07.2015, under Sections 420, 379 of Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station, Farakpur, District Yamunanagar.
(2) Allegations are that petitioner along with other co-accused changed ATM card of complainant-Virender Kumar and, thereafter, withdrew an amount of Rs. 24,00,000/- in three different transactions on 18.07.2015 and 19.07.2015. (3) Contends that petitioner has been falsely implicated in the present case and he was nominated only on the basis of disclosure of co-accused. Further contends that though, petitioner was declared as proclaimed person on 20.01.2023, but his non-appearance on 02.11.2022 and 20.01.2023 was not intentional, as he was confined in another case.
(4) Custody certificate dated 05.05.2024 has been produced, which is taken on record.
(5) Per contra, learned State counsel has vehementally opposed the prayer of the petitioner while submitting that he is not appearing before learned 1 of 3 ::: Downloaded on - 13-05-2024 20:59:12 ::: Neutral Citation No:=2024:PHHC:065313 CRM-M-30284-2023(O&M) -2- 2024:PHHC:065313 trial Court and involved in numerous criminal cases. Learned State counsel further submits that there are 16 more cases pending against the petitioner and he has been convicted in 07 cases. Further submits that if petitioner is granted bail, there is every likelihood that he shall misuse the concession and hamper the trial. (6) Heard learned counsel for both sides and perused the paper book. (7) Perusal of the custody certificate dated 05.05.2024 reveals that there are 16 cases pending against the petitioner and which are as under:-
Sr. No. FIR No. Under Section(s) Police Station Status
1. 506/2023 174-A IPC City Jagadhri, Pending Yamunanagar
2. 69/2013 420, 379, 504, 506 IPC Bargaon, Saharanpur Pending
3. 277/2013 25-A Arms Act Charthawal, Pending Muzaffarnagar
4. 276/2013 307 IPC Charthawal, Pending Muzaffarnagar
5. 70/2013 307 IPC Bargaon, Saharanpur Pending
6. 33/2009 2,3 Gangster Act Kotwali Roorkee, Pending Haridwar
7. 675/2022 420, 379, 411 IPC Deobandh, Pending Saharanpur
8. 121/2017 420 IPC City-I, Malerkotla, Pending Sangrur
9. 113/2009 420, 411 IPC Kotwali Roorkee, Pending Haridwar
10. 297/2017 420, 411, 34 IPC & 66B Jhabreda, Haridwar Pending Immoral Trafficking Act, 66CD Immoral Trafficking Act
11. 419/2012 420, 411, 406 IPC Jwalapur, Haridwar Pending
12. 213 dated 174-A, 229 IPC Radaur, Yamunanagar Pending 20.12.2015
13. 30/2020 174-A IPC City Jagadhri, Pending Yamunanagar
14. 30/2020 174-A IPC Radaur, Yamunanagar Pending
15. 114/2009 420, 411 IPC Kotwali, Roorkee, Pending Haridwar
16. 27 dated 420 IPC Radaur, Yamunanagar Pending 23.02.2015
2 of 3 ::: Downloaded on - 13-05-2024 20:59:13 ::: Neutral Citation No:=2024:PHHC:065313 CRM-M-30284-2023(O&M) -3- 2024:PHHC:065313 (7.1) Apart from above, petitioner is a previous convict in the following cases:-
Sr. No. FIR No. Under Section(s) Police Station Status
1. 436/2015 379, 420, 511 IPC City Jagadhri, Convicted Yamunanagar
2. 14/2020 174-A IPC Radaur, Yamunanagar Convicted
3. 299/2019 174-A IPC Farakpur, Convicted Yamunanagar
4. 13/2020 174-A IPC Radaur, Yamunanagar Convicted
5. 60 dated 174-A IPC Radaur, Yamunanagar Convicted 16.03.2023
6. 58 dated 174-A IPC Radaur, Yamunanagar Convicted 10.03.2023
7. 44 dated 174-A IPC Farakpur, Convicted 02.03.2023 Yamunanagar (8) In view of the above, it is quite evident that petitioner is habitual offender. Moreover, in the present case also, he has actively participated in the commission of crime; therefore, no ground is made out to grant him bail pending trial, at this stage.
(9) Consequently, there is no option except to dismiss the petition.
(10) Ordered accordingly. (11) Observations made above, be not construed as an expression of
opinion on merits of the case; rather confined only to present petition. (12) Pending application(s), if any, shall also stand disposed off.
07.05.2024 ( MAHABIR SINGH SINDHU )
Harish Kumar JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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