Punjab-Haryana High Court
Tony vs State Of Punjab on 6 September, 2022
Author: Manoj Bajaj
Bench: Manoj Bajaj
CRM-M-26489-2020 (O&M) and connected matter 1
209
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision:06.09.2022
1. CRM-M-26489-2020 (O&M)
Tony .. Petitioner
Vs.
State of Punjab ..Respondent
AND
2. CRM-M-3559-2022 (O&M)
Sonu Chaurasia .. Petitioner
Vs.
State of Punjab ..Respondent
CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ
Present: Mr. Kunal Choksi, Advocate for the petitioner
in CRM-M-26489-2020.
Mr. Sagar Aggarwal, Advocate for the petitioner
in CRM-M-3559-2022.
Mr. Kunal Muthreja, AAG, Punjab.
...
Manoj Bajaj, J. (Oral)
CRM-29274-2022 Application is allowed, as prayed for.
CRM-29276-2022 Since the main case is listed today, therefore, the application has become infructuous.
Dismissed as infructuous.
Main case Petitioners have filed these separate petitions for grant of regular bail under Section 439 Cr.P.C, pending trial in case FIR No.72 dated 14.07.2013 registered under Sections 364-A, 307, 323, 324, 171, 148, 149, 120-B, 506, 420, 467, 471 and 201 IPC and Section 25 Arms Act, 1959 and Section 66-A IT Act, 2000 (Section 29 NDPS Act added later on) at Police Station Doraha, District Khanna. The petitioners are in custody since their 1 of 3 ::: Downloaded on - 10-09-2022 00:18:50 ::: CRM-M-26489-2020 (O&M) and connected matter 2 arrest on 16.07.2013.
The allegations in the FIR as noticed by the ld. Addl. Sessions Judge, Ludhiana in the order dated 05.07.2014 are as under:
"The perusal of the FIR on record has been lodged at the statement of one Harminder Pal Singh son of Sunder Lal on the allegations that he is owner of New Cone Switch Gear Pvt.Ltd situated in village Malhipur, G.T.Road, Doraha. His sons Tarun Kumar and Manish Kumar are working with him. In the factory they were manufacturing transformers. On 13.07.2013, his son Manish Kumar alongwith his driver Hem Lal in their car DMW bearing no. PB-10DN-6575atabout 6.30 PM started from their factory to Ludhiana. Hem Lal was driving the car and his son was sitting on the front seat alongside the Driver. His son Manish Kumar made a phone call from his number 98721-60001 on his mobile number 9872300041 and he has heard his cries and then the call ended. After that he made two phone calls to his son and phone was made on and he has heard the noise and cries on the phone Bachao-Bachao but he could not talk to his son. Then he and his son Tarun Kumar went to their factory side. When they turned from Malipur Flyover G.T.Road towards, Ludhiana, 20 Karamsahead of the bridge, the car of Manish Kumar bearing No. PB-10DN-6575 was standing. There the keys of the car were lying in the car. Driver side glass of the window was open andhe found that papers of the car werenot in the car. He came to know from the labourers standing there that there was a white colour car in which some persons in police uniform came there and started beating the persons of car no. PB-10DN- 6575 and had taken him away in their white colour car towards Khanna. On the basis of these allegations, FIR has been lodged against unknown persons."
Learned counsel for the petitioners has argued that the petitioners are in custody for the last nine years and seven years respectively in the above FIR and this Court vide order dated 08.01.2020 had allowed the prosecution to examine three witnesses under Section 311 Cr.P.C., but pursuant to the said order, one witness is yet to be examined. According to learned counsel, this Court on 08.01.2020 itself, upon considering the length of the trial had issued directions to the trial Court to examine the witnesses expeditiously without any delay, but the trial is lingering on for examination of one Nodal Officer, who is not appearing despite issuance of 2 of 3 ::: Downloaded on - 10-09-2022 00:18:51 ::: CRM-M-26489-2020 (O&M) and connected matter 3 warrants and in this regard, he has produced the zimni orders passed by the trial Court. Learned counsel has further drawn the attention of the Court to the order dated 03.03.2020 passed in SLP (Crl) 2815/2019, whereby Hon'ble the Supreme Court extended the concession of regular bail to the co-accused Gurarpan Chauhan considering the fact that prosecution has already examined its forty six witnesses. Learned counsel claiming parity have prayed for regular bail.
Learned State counsel assisted by ASI Lakhwinder Singh does not dispute the above background and fairly states that the case of the petitioners is at par with co-accused Gurarpan Chauhan, who has been extended the concession of regular bail by Hon'ble the Supreme Court.
After hearing the learned counsel for the parties and considering the above background, particularly the custodial period of the petitioners and the fact that the co-accused of the petitioners have been released on regular bail, this Court is of the opion that the further detention of petitioners behind the bars may not be necessary for any useful purpose.
Resultantly, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioners be released on regular bail subject to their furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court concerned.
The petitions are allowed.
(MANOJ BAJAJ)
06.09.2022 JUDGE
Jasmine Kaur
Whether speaking/reasoned Yes No
Whether reportable Yes No
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