Punjab-Haryana High Court
Rajesh vs State Of Haryana --Respondent on 28 May, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM No. M-4858 of 2014 (O&M)
Date of Decision: 28.05.2014.
Rajesh --Petitioner
Versus
State of Haryana --Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Gobind Sharma, Advocate for the petitioner.
Mr. Vikas Malik, A.A.G., Haryana.
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TEJINDER SINGH DHINDSA.J This order shall dispose of CRM No. M-4858 of 2014 (Rajesh Vs. State of Haryana), CRM No. M-11902 of 2014 (Mukesh Vs. State of Haryana), CRM No. M-12987 of 2014 (Kapil @ Chintu Vs. State of Haryana) and CRM No. M-11811 of 2014 (Phool Kumar Vs. State of Haryana) as all these petitions have been filed under Section 439 Cr.P.C praying for the benefit of regular bail to the petitioners in case F.I.R. No.129 dated 1.6.2013 under sections 399, 402 I.P.C read with sections 25, 54, 59 of Arms Act, registered at Police Station, Lakhan Majra, District Rohtak.
Learned counsel for the parties have been heard. As per prosecution version, a police patrolling party on 1.6.2013 received secret information that Phool Kumar, Kapil @ Chintu, Mukesh son of Raju, Surender @ Sunder, Rajesh, Sushil @ Shilu were present in a room adjoining Jind Road and were armed with weapons and were planning to commit dacoity of the passing-by vehicles. Upon such information a raid was stated to have been conducted on the spot and all the six afore-noticed persons were apprehended.
Lucky2014.05.30 10:41 I attest to the accuracy and integrity of this document chandigarh CRM No. M-4858 of 2014 (O&M) -2- As per prosecution version, Rajesh i.e. petitioner in CRM No. M-4858 of 2014 was apprehended with one pistol and two live cartridges, Phool Kumar petitioner in CRM No. M-11811 of 2014 was apprehended with a sword in his possession and Kapil as also Mukesh i.e. petitioners in CRM No. M-12987 of 2014 and CRM No. M-11902 of 2014 were stated to be possessing iron rods.
All the petitioners in these four connected petitions were arrested on 1.6.2013 and have been in custody ever since.
It has gone undisputed that the investigation in the present case is complete and the challan was presented on 29.7.2013. Even the alleged weapons in question i.e. pistol/live cartridges/sword/iron rods have already been recovered. The trial is still at the initial stage as out of 13 prosecution witnesses only one has been examined as on date.
It is also not disputed that co-accused i.e. Sushil Kumar as also Surender @ Sunder have already been granted the benefit of regular bail by this Court in the light of order dated 28.3.2014 passed in CRM No. M-1722 of 2014 and CRM No. M-5174 of 2014 respectively.
Learned State counsel, at this stage, would bring to the notice of this Court that Rajesh i.e. petitioner in CRM No. M-4858 of 2014 is also involved in certain other criminal proceedings. In such regard an affidavit of S.H.O., Police Station, Lakhan Majra, Rohtak has been filed in Court today. A perusal of the same would reveal that in three different F.I.Rs registered against Rajesh, he already stands acquitted in the trial that had ensued. That apart, in one F.I.R bearing no.515 dated 28.8.2010 under section 174-A I.P.C, Rajesh was convicted and sentenced to undergo imprisonment for 6 months and was imposed a fine of Rs.2,000/-. That CRM No. M-4858 of 2014 (O&M) -3- apart, there is yet another F.I.R bearing no.11 dated 8.1.2008 under sections 457, 380 I.P.C registered at Police Station Civil Lines, Rohtak and wherein Rajesh is facing trial.
In so far as the other petitioners namely Phool Kumar, Kapil and Mukesh are concerned, there are no pending criminal proceedings against these petitioners.
In the totality of the circumstances in these connected petitions as also keeping in view the period of incarceration already suffered by them, this Court is of the considered view that the petitioners are entitled to the concession of regular bail.
All the four petitions are, accordingly, allowed. Petitioners namely Rajesh, Mukesh, Kapil @ Chintu and Phool Kumar be enlarged on bail subject to satisfaction of the Trial Court.
Petitions disposed of.
(TEJINDER SINGH DHINDSA) JUDGE May 28, 2014.
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