Punjab-Haryana High Court
Binder @ Virender vs State Of Haryana on 15 December, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:161523
2023:PHHC:161523
CRM-M-61850-2023 (O & M) ::1::
(228)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-61850-2023 (O & M)
Date of Decision: 15.12.2023
Binder @ Virender ... Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Gurbir Singh Sandhu, Advocate,
for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
****
JASJIT SINGH BEDI, J.
The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.87 dated 18.08.2021 under Section 15, 16 and 15(IV) of the Petroleum and Mineral Pipeline (Acquisition of Rights of user in L.D.) Act, 1962, 3/4 of the Explosive Substances Act, 1908 and Sections 379 and 511 of the IPC and Sections 3/4 of Explosive Act and 3/4 of PDPP Act, 1994, registered at Police Station Rohadai, District Rewari.
2. The brief facts of the case are that on 18.08.2021, Sunil Kumar, Patrolling Man, saw in the morning at about 10.30 a.m., that on Pipeline No. CH 217.800 in village Rohdai, there was some loose soil. Upon suspicion, Sunil Kumar tried to insert a metal rod into the loose soil and the rod got inserted into the soil easily. When he tried to dig out the 1 of 7 ::: Downloaded on - 17-12-2023 01:11:39 ::: Neutral Citation No:=2023:PHHC:161523 2023:PHHC:161523 CRM-M-61850-2023 (O & M) ::2::
(228)
soil, he found that on the IOCL pipeline there were two valves fitted.
From his mobile No. 9671402766 information was given to the IOCL mail line officer i.e. to the complainant-Sachin Yadav on his mobile No. 88827-21571. Upon receiving the information, Sachin Yadav transmitted the same to the IOCL higher officers and reached at the spot. Upon checking, it was found that two valves had been fitted on the SMPL line.
Some unknown persons were found to have committed theft of oil through the IOCL pipeline.
During the course of investigation, the Superintendent of Police, Rewari constituted an SIT. FIR No. 112 dated 10.04.2021, Police Station Bawal was found to have been registered against Ravi, Harish, Ravinder @ Bablu, Vijay @ Ajay, Binder (petitioner), Suraj, Manish alongwith Anil @ Sonu (since granted bail vide order dated 19.10.2023 passed in CRM-M-41808-2023) and they had been arrested in the said case. They had suffered their respective disclosure statements admitting their involvement in the commission of the present crime as well and stated that the equipment used in the commission of the offence had already been recovered by the police during the course of investigation of FIR No.112 dated 10.04.2021. Accused were taken on production warrants and were joined in investigation. They were arrested on 14.02.2022 in the instant case.
Anil @ Sonu was found to be the driver of the oil tanker which was used to transport the stolen oil. The said tanker had been recovered
2 of 7 ::: Downloaded on - 17-12-2023 01:11:39 ::: Neutral Citation No:=2023:PHHC:161523 2023:PHHC:161523 CRM-M-61850-2023 (O & M) ::3::
(228)
from him during the course of investigation of FIR No.112 dated 10.04.2021. It had also transpired that he had been instrumental in digging up the place of theft at the pipeline site to facilitate the commission of theft of oil, and therefore, had actively participated in the commission of the crime.
During the course of further investigation, accused Dinesh Rathi was joined in investigation and admitted his involvement in the commission of the present offence. Co-accused Sunil @ Banda was arrested in connection with the investigation of FIR No.75/2021 registered at Police Station Rohrai and during the course of investigation, admitted his involvement in the present offence as well. The final reports in the present case were filed qua the arrested accused on 13.05.2022, 17.10.2022 and 17.04.2023. However, the final report qua the arrested accused Mohit @ Motta and Brijesh @ Julfi is yet to be filed.
3. The learned counsel for the petitioner contends that the petitioner has not been named in the FIR but had been falsely implicated on the basis of his own disclosure statement got recorded when he was arrested in FIR No. 112 dated 10.04.2021. The said disclosure statements has no evidentiary value in the eyes of law. As the petitioner was in custody since 14.02.2022 and only 03 of the 24 prosecution witnesses had been examined so far, he was entitled to the concession of bail, moreso, when in 12 of the 17 other cases registered against him, he had 3 of 7 ::: Downloaded on - 17-12-2023 01:11:39 ::: Neutral Citation No:=2023:PHHC:161523 2023:PHHC:161523 CRM-M-61850-2023 (O & M) ::4::
(228)
already been granted the concession of bail and a co-accused, namely, Anil @ Sonu has been granted the similar relief.
4. The learned counsel for the State, on the other hand, contends that the petitioner is one of the main accused who had committed the offence alongwith the other accused. He contends that the petitioner was an accused in 17 other cases registered against him and therefore, his criminal antecedents did not entitle him to the grant of bail. He, however, concedes the fact that the petitioner is in custody since 14.02.2022, only 03 out of the 24 prosecution witnesses had been examined so far and in 12 of the 17 pending cases, the petitioner had been granted the concession of bail.
5. I have heard the learned counsel for the parties.
6. Admittedly, out of the 17 other cases registered against the petitioner-Binder @ Virender, in 12 cases he has been granted the concession of bail. The details thereof are as under:-
Sr. no. Case/FIR Details Sections Status
1. FIR No.23 dated 268, 285, 286, 379 On Bail 22.01.2022, Sampla and 15/16 of the (Rohtak) Petroleum Act
2. FIR No.453/2022, 285, 34, 394, 511 On Bail Police Station IPC, 3/4 of the Asaudha (Jhajjar) Explosive Act
3. FIR No.127/2021, PS 268, 285, 379, 34 On Bail Machhrauli, District IPC, 15/16 of the Jhajjar Petroleum Act, 3/4 of the Explosive Act
4. FIR No.470/2021, 285, 379, 34 IPC, On Bail Police Station 3/4 of the Kharkhoda, District Explosive Act, 3/4 Sonepat of the PDPP Act
5. FIR No.603/20.12.20 285, 379, 34, 427 On Bail 4 of 7 ::: Downloaded on - 17-12-2023 01:11:39 ::: Neutral Citation No:=2023:PHHC:161523 2023:PHHC:161523 CRM-M-61850-2023 (O & M) ::5::(228)
Police Station IPC, 15/16 of the Kharkhoda, District Petroleum Act, 3/4 Sonepat, Haryana of the Explosive Act, 3/4 of PDPP Act
6. FIR No.92/2021 268, 285, 286, 379, On Bail Police Station Badli, 511 IPC, 15/16 (Jhajjar) Petroleum Act and 3/4 of PDPP Act
7. FIR No.590/2020, 285, 379, 34 IPC, On Bail Police Station 15/16 of Petroleum Kharkhoda, District Act and 3/4 of the Sonipat PDPP Act
8. FIR No.162/2021, 268, 285, 286, 379 On Bail Police Station IPC, 15/16 Petrol Sampla (Rohtak) and Pipeline Act and Section 23 of Petroleum Act and 3/4 PDPP Act and 6/4 of Explosive Act
9. FIR No.284/2021 379, 411, 117, 120- On Bail Police Station B, 34 IPC, Sections Rampura (Rewari) 15/16 of the Petroleum Act, 3/4 of PDPP Act
10. FIR No.264/2021 379, 413, 34, 117, On Bail Police Station 411, 420, 467, 468, Rampura (Rewari) 471, 120-B IPC, 15/16 of the Petrleum Act, 3/4 of the Explosive Act
11. 496/2015, Police 323, 341, 506, 34 On Bail Station Kundli IPC (Sonipat)
12. FIR No.112/2021 379, 411, 117, 120- Next date of B, 34 IPC, 15/16 of hearing in the Petroleum Act, Sessions Court 3/4 of the on 09.01.2024 Explosive Act
13. FIR No.84/2021 379, 411, 117, 34 Next date of IPC, 15/16 of the hearing in Petroleum Act, 3/4 Sessions Court of the Explosive on 10.01.2024 Act
14. FIR No.350/2021, 379, 511, 285, 286, Next date of Police Station Jhajjar 268, 120-B IPC, 15 hearing ----
(Jhajjar) of the Petroleum
Act, 4 of the PDPP
Act
5 of 7
::: Downloaded on - 17-12-2023 01:11:39 :::
Neutral Citation No:=2023:PHHC:161523 2023:PHHC:161523 CRM-M-61850-2023 (O & M) ::6::(228)
15. FIR No.450/2021 285, 379, 511, 34 Next date of IPC hearing ---
16. FIR No.450/2022, 285, 379, 511,34 Next date of Police Station IPC hearing--- Assaudha (Jhajjar)
17. FIR No.341/2016, 394, 397, 307, 411, On Bail Alipur 34 IPC
7. Further, the petitioner has been inculpated on the basis of his own disclosure statements and that of his co-accused suffered in FIR No.112 dated 10.04.2021. Whether the other evidence available against the petitioner is sufficient to affix liability upon him would be a matter of adjudication during the course of the Trial. At this stage, the petitioner is in custody since 14.02.2022, the investigation stands completed and only 03 of the 24 prosecution witnesses have been examined so far. Thus, the trial in the present case is not likely to be concluded anytime soon. Therefore, the further incarceration of the petitioner is not warranted, moreso, when in 12 of the 17 cases, he has been granted the concession of bail and a co-accused, namely, Anil @ Sonu, has been granted the similar relief vide order dated 19.10.2023 (Annexure P-2).
8. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner-Binder @ Virender is ordered to be released on regular bail subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the concerned Trial Court/Duty Magistrate.
9. The petitioner shall appear on the first Monday of every month before the police station concerned till the conclusion of the trial 6 of 7 ::: Downloaded on - 17-12-2023 01:11:39 ::: Neutral Citation No:=2023:PHHC:161523 2023:PHHC:161523 CRM-M-61850-2023 (O & M) ::7::
(228)
and furnish an affidavit each time that he is not involved in any case/crime other than the case(s) mentioned in this order
10. In addition, the petitioner (or through someone else on his behalf) shall prepare an FDR in the sum of Rs.1,00,000/- 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.
(JASJIT SINGH BEDI) JUDGE December 15, 2023 sukhpreet Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Neutral Citation No:=2023:PHHC:161523 7 of 7 ::: Downloaded on - 17-12-2023 01:11:39 :::