Punjab-Haryana High Court
Ravi Kushwah vs State Of Haryana on 13 November, 2018
Author: Daya Chaudhary
Bench: Daya Chaudhary
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-23061 of 2018 (O&M)
Date of decision: 13.11.2018
Ravi Kushwah ..Petitioner
Versus
State of Haryana ..Respondent
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. R.S. Rai, Sr. Advocate with
Mr. Padamkant Dwivedi, Advocate and
Ms. Rubina Virmani, Advocate
for the petitioner.
Ms. Tanushree Gupta, DAG, Haryana.
Mr. Vivek Sharma, Advocate
for the complainant.
***
Daya Chaudhary, J. (Oral)
Criminal Misc. No.28660 of 2018 This application has been moved for placing on record Annexures P-14 to P-20 (colly).
Application is allowed and Annexures P-14 to P-20 (colly) are taken on record.
Criminal Misc. No. M-23061 of 2018 The present petition has been filed by petitioner-Ravi Kushwah under Section 439 Cr.P.C. for grant of regular bail to him in case FIR No.337 dated 20.09.2016 registered under Sections 420, 418, 422, 423, 463, 464, 467, 468, 471, 474 read with Section 120-B IPC at Police Station Sector-40, District Gurugram during pendency of trial.
1 of 3 ::: Downloaded on - 29-12-2018 22:45:53 ::: Criminal Misc. No. M-23061 of 2018 (O&M) -2- .....
Learned senior counsel for the petitioner submits that investigation of the case has been completed and custodial interrogation of the petitioner is not required. The petitioner is in custody since 02.02.2018. Learned senior counsel also submits that arbitration proceedings are pending and the complainant has availed the remedy available under law.
Learned State counsel on instructions from ASI Rakesh Kumar has not disputed the custody period as well as stage of trial as challan has been presented. Learned State counsel also submits that now the custodial interrogation of the petitioner is not required.
Learned counsel for the complainant has opposed the submissions made by learned senior counsel for the petitioner on the ground that a false document has been relied upon and it has been verified that such document is not available on the net and the same appears to be fabricated.
Heard arguments of learned senior counsel for the petitioner, learned State counsel as well as learned counsel for the complainant.
Admittedly, the challan has been presented and the petitioner is in custody since 02.02.2018. It is also not disputed that the arbitration proceedings are pending. The genuineness of the document is a matter of evidence, which shall be considered by the trial Court during trial.
Accordingly, in view of the submissions made by learned senior counsel for the petitioner and the facts that the petitioner is in custody since 02.02.2018; the custodial interrogation of the petitioner is not required as submitted by learned State counsel; the trial may take time to conclude; and no purpose would be served by keeping the petitioner in 2 of 3 ::: Downloaded on - 29-12-2018 22:45:53 ::: Criminal Misc. No. M-23061 of 2018 (O&M) -3- .....
custody, the present petition is allowed and the petitioner (Ravi Kushwah) is directed to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court.
13.11.2018 (DAYA CHAUDHARY)
neetu JUDGE
Whether speaking/reasoned Yes
Whether Reportable No
3 of 3
::: Downloaded on - 29-12-2018 22:45:53 :::