Punjab-Haryana High Court
Alfaj Malik vs Ut. Chandiagarh on 12 August, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:103697
CRM-M-16572-2024 #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-16572-2024
Date of Decision:-12.08.2024
Alfaj Malik.
......Petitioner.
Vs.
U.T., Chandigarh.
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Rahil Mahajan, Advocate &
Mr. Parvez Chaudhary, Advocate for the Petitioner.
Mr. Sumit Jain, Addl. PP U.T., Chandigarh.
***
JASJIT SINGH BEDI, J.(ORAL)
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.444 dated 02.12.2023 under Sections 380, 454 IPC and Offence under Sections 120-B, 411, 413 IPC added later on (but challan present under Section 413 IPC only qua the petitioner) registered at Police Station Sector 36, Chandigarh.
2. The present FIR came to be registered at the instance of Rohit Khurana which reads as under:-
" To, The SHO PS Sector-36, Chandigarh Subject:- Theft at House No. 451, Sector-35/A, Chandigarh. Dear Sir, This is a reference to above subject, I Rohit Khurana S/o Ashok Khurana residing of house 451, Sector-35A, Chandigarh Age-41 Years left my house at around 02:15 PM on Dec. 2nd 2023 and came back at around 07:30 PM when I came back, I relized that the door of my kitchen is broken, on further checking the door of my bedroom which was 1 of 4 ::: Downloaded on - 13-08-2024 11:44:38 ::: Neutral Citation No:=2024:PHHC:103697 CRM-M-16572-2024 #2# locked was broken, and all the cupboards inside were also broken, all the things inside the cupboard were out on the bed. We realized that a theft has taken place and following items are missing. 1) 2 gold bangles, 2) 1500 USD cash (Dollar), 3) 3 pair of gold earrings, 4) 1 pair of diamond earrings, 5) 400 CAD Cash (Dollar) 6) 500 Euro Cash. You are requested to kindly lodge FIR for the same and do the next steps. Further we are checking rest of the articles. Thank you. Sd. Rohit Khurana (8884941116) H.No. 451, Sector-35A, Chandigarh."
3. During the course of the investigation, Davinder Kumar, Mohd. Hassan Ansari and Mohd. Nasir Hussain were arrested and Activa Scooter used in the commission of offence was recovered from accused Davinder Kumar along with stolen ornaments and cash of Rs.2.75 lacs. It transpired that the accused were members of an inter-state burglar gang and 12 other FIRs were registered against them all over the country.
4. Mohd. Nasir Hussain suffered his disclosure statement stating that they had sold the stolen articles/ornaments to the petitioner. The petitioner was arrested on 18.12.2023 and stolen articles, gold ornaments, diamonds and other artificial jewellery were recovered from his possession. It also transpired that during the investigation there were monetary transactions between the petitioner on the one hand and his co-worker Mohd. Nasir Hussain on the other. CDRs/IPDrs of the mobile phones of the accused also showed them to be present at Sector 35, Chandigarh on 02.12.2023.
5. The learned Counsel for the petitioner contends that taking the allegations to be correct the petitioner could be liable only under Section 411 IPC for which he has been challaned. In the other FIR registered against him he had been granted the concession of bail. As the petitioner was in 2 of 4 ::: Downloaded on - 13-08-2024 11:44:39 ::: Neutral Citation No:=2024:PHHC:103697 CRM-M-16572-2024 #3# custody since 13.12.2023 but none of the 51 Pws had been examined so far, the Trial of the present was not likely to be concluded anytime soon and therefore he was entitled to the concession of bail.
4. The learned State counsel on the other hand has filed Status Report dated 04.08.2024 by way of affidavit of Mr. Jasbir Singh, Deputy Superintendent of Police, Crime Branch, Sector 11, U.T., Chandigarh in the court today, which is taken on record. While referring to the said status report, he contends that as per the investigation conducted so far it is apparent that the petitioner was involved with the other accused in the commission of the offence. In addition he was an accused in two similar cases. Therefore, the nature of the allegations levelled against the petitioner and his co-accused did not entitle him to the concession of bail. He however, concedes that the petitioner was in custody since 13.12.2023, but none of 51 Pws had been examined so far.
5. I have heard the learned counsel for the parties.
6. The veracity of the prosecution case against the petitioner and his co-accused shall be adjudicated upon during the course of the Trial. Admittedly, the petitioner is in custody since 13.12.2023 but none of the 51 Pws have been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required.
9. Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Alfaj Malik son of Sh. Majid Ali is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.
10. The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform 3 of 4 ::: Downloaded on - 13-08-2024 11:44:39 ::: Neutral Citation No:=2024:PHHC:103697 CRM-M-16572-2024 #4# in writing each time that he is not involved in any other crime other than the present case.
11. The petitioner (or anyone on his behalf) shall prepare an FDR in the sum of Rs.2,00,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from trial without sufficient cause.
12. The petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
August 12, 2024
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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