Punjab-Haryana High Court
Sandeep Alias Mama And Anr vs State Of Haryana on 15 May, 2023
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2023:PHHC:070102
CRM-M-5229-2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-5229-2023
Reserved on: 12.04.2023
Pronounced on: 15.05.2023
Sandeep @ Mama and another ...Petitioners
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Pawan Kumar Hooda, Advocate for the petitioner(s).
Mr. Manish Bansal, DAG, Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
754 07.11.2020 Sonipat City, 120B, 272, 420, 467, 468, 471
District Sonipat IPC and 61, 72-A of the
Punjab Excise Act, 1914
(Haryana Amendment Bill,
2020)
1. The petitioners incarcerated in the FIR captioned above, have come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 15 of the bail application, the accused declares the following criminal antecedents:
Sr. No. FIR No. Date Offences Police Station 1 213 05.11.2020 - Sanoli Distt. Panipat 2 216 06.11.2020 - Sanoli Distt. Panipat 3 216 06.11.2020 - Sanoli Distt. Panipat 4 217 06.11.2020 - Sanoli Distt. Panipat 5 219 07.11.2020 - Sanoli Distt. Panipat 6 223 13.11.2020 - Sanoli Distt. Panipat 7 745 04.11.2020 - Sonepat city Distt. Sonepat 8 746 05.11.2020 - Sonepat city Distt. Sonepat 9 747 05.11.2020 - Sonepat city Distt. Sonepat 10 748 06.11.2020 - Sonepat city Distt. Sonepat 11 749 06.11.2020 - Sonepat city Distt. Sonepat 12 752 06.11.2020 - Sonepat city Distt. Sonepat 13 760 12.11.2020 - Sonepat city Distt. Sonepat 14 763 12.11.2020 - Sonepat city Distt. Sonepat 15 437 06.11.2020 - Ganaur, Distt Sonepat 16 183 05.11.2020 - Mohana Distt. Sonepat 1 1 of 3 ::: Downloaded on - 17-05-2023 03:39:43 ::: Neutral Citation No:=2023:PHHC:070102 CRM-M-5229-2023 2
3. The petitioners contend that the pre-trial incarceration would cause an irreversible injustice to the petitioners and family.
4. While opposing the bail, the contentions on behalf of the State are that given the criminal past, the accused is likely to indulge in crime once released on bail.
REASONING:
5. In Paramjeet Singh v. State of Punjab, CRM-M 50243 of 2021, this court observed, While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles.
6. The petitioners have criminal history of heinous and grave crimes. The petition does not refer to any averment based on which this court is assured that if this recidivist is released on bail, then they shall not indulge in criminal behavior.
7. The petitioners are involved in a hooch tragedy wherein a large number of people has lost their lives due to consumption of spurious liquor and several lost their eye sight. The said tragedy has led to a massive outcry. Taking into consideration the number of causalities and gravity of offence the petitioners are not entitled to bail.
8. A perusal of the bail petition and the documents attached, primafacie points towards the petitioners' involvement and do not make out a case for bail and they are neither entitled to bail on merits nor on the grounds of prolonged pre-trial incarceration. Any further discussions are likely to prejudice the petitioners; this court refrains from doing so.
9. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
Petition dismissed in terms mentioned above. However, considering the petitioners' custody, the ends of justice will meet by expediting the trial. This court requests the concerned trial court to take up this trial on priority and endeavor to conclude it by August 31, 2023. The expediting of the trial is subject to the condition that the petitioners shall not seek any adjournment, and if he does so, this order expediting the 2 2 of 3 ::: Downloaded on - 17-05-2023 03:39:44 ::: Neutral Citation No:=2023:PHHC:070102 CRM-M-5229-2023 3 trial shall stand recalled automatically under section 362, read with 482 CrPC, without any further reference to this court. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
15.05.2023
sonia arora
Whether speaking/reasoned: Yes
Whether reportable: No.
Neutral Citation No:=2023:PHHC:070102
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