Punjab-Haryana High Court
Rajesh @ Sarkari vs State Of Haryana on 7 December, 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc.No.M-18851 of 2018 (O&M)
Date of Decision : 07.12.2018
Rajesh alias Sarkari
...... Petitioner
Versus
State of Haryana
...... Respondent
CORAM : HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
***
Present : Mr. Rakesh Nehra, Advocate
for the petitioner.
Mr. Raj Kumar Makkad, DAG, Haryana.
***
RAJ SHEKHAR ATTRI, J. (Oral)
The petitioner has preferred the instant petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.44 dated 13.02.2017, registered under Sections 364, 365, 302, 201, 450, 511, 506, 120-B IPC and Section 25 of the Arms Act, at Police Station City Gohana, District Sonepat.
This case is based on circumstantial evidence. The prosecution has arrayed the petitioner as accused solely on the ground that he had hatched a conspiracy with co-accused, 2-3 months prior to the occurrence and thereafter he had gone to jail.
Learned counsel for the petitioner has submitted that on the day of occurrence, the petitioner was in jail, therefore, the question of his involvement in the instant case does not arise.
However, learned State counsel has submitted that the petitioner is already facing trial in 12 more cases of serious nature and out of them, three cases are of murder trial. He has placed on record the list of said 12 cases in connected matter i.e. CRM M-19914 of 2018.
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The petitioner has been named in the said FIR on the basis of disclosure statement of co-accused. The admissibility and evidential value of those statements shall be considered at the appropriate stage. However, the trial is in progress.
Keeping in view the peculiar circumstances of the case, this court is of the view that the petitioner is not entitled for the benefit of regular bail.
Therefore, the instant petition stands dismissed.
( RAJ SHEKHAR ATTRI)
07.12.2018 JUDGE
mamta
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
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