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2025 DAILYLAW 106579 (PNJ)

SUMIT v. STATE OF HARYANA

CRM-M/60207/2024 · 2025-03-21

Karamjit Singh

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 212 CRM-M-60207-2024 (O&M) Date of decision: March 21, 2025 SUMIT ...Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH Present: Mr. Amit Khatri, Advocate for the petitioner. Mr. R. K. Singla, Deputy Advocate General, Haryana. KARAMJIT SINGH, J. (ORAL) 1. The present petition has been filed by the petitioner under Section 483 BNSS, 2023 seeking grant of regular bail in criminal case bearing FIR No.262 dated 24.03.2023 under Sections 365, 392, 394 of IPC and 25(1-B)(a) of Arms Act, 1959 registered at Police Station Samalkha, District Panipat. 2. The allegations in brief are that two unidentified persons snatched I-20 car bearing registration No.HR-05-AN-8831 belonging to the complainant on 24.03.2023. During investigation, the persons who snatched the said car were arrested and even the present petitioner was also nominated as an accused alleging that he supplied the weapons used by the aforesaid two miscreants in commission of crime related to snatching of car and subsequently, the petitioner was arrested. 3. Counsel appearing on behalf of the petitioner inter alia submits that the petitioner is falsely implicated in the present case and has nothing to do with the incident of snatching of car as in narrated in the FIR and was later on nominated as an accused. It is further submitted that the main accused Sunny, who is stated to be one of the snatchers, is already granted the concession of Jaspreet Kaur 2025.03.21 17:59 I attest to the accuracy and integrity of this document Chandigarh CRM-M-60207-2024 -2- regular bail by this Court on the ground that the key witnesses namely Mahesh Sharma (complainant) failed to support the case of the prosecution while appearing in the witness box. It is further submitted that during investigation, no incriminating article was recovered at the instance of the petitioner, who is incarcerated for the last more than 8 months and it will take time for the trial to conclude. 4. The present petition is resisted by the State counsel, who submits that the petitioner provided the firearm and ammunition, which were used by the snatchers at the time of snatching of the car belonging to the complainant. However, the State counsel has not disputed the fact that the applicant is in custody for last more than 8 months and that it will take time for the trial to conclude and further, main accused Sunny is already given the concession of bail on the ground that main witness namely complainant Mahesh Sharma was declared hostile during the trial. 5. Admittedly, the FIR in this case was registered against unknown persons, who snatched car belonging to the complainant Mahesh. The petitioner was later on nominated as an accused and arrested in this case but during the investigation, no incriminating article was recovered at the instance of the petitioner, who is behind bars for the last more than 8 months and it will take time for the trial to terminate. Further, main accused Sunny, who was stated to be actively involved in snatching of the car, is already given the concession of regular bail by this Court vide order (Annexure P-8). Having regard to the aforesaid facts and circumstances of the case, the further detention of the petitioner is not going to serve any useful purpose. Jaspreet Kaur 2025.03.21 17:59 I attest to the accuracy and integrity of this document Chandigarh CRM-M-60207-2024 -3- 6. In view of the above, without commenting on the merits of the case, the present petition is allowed, and the petitioner is ordered to be released on regular bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. March 21, 2025 (KARAMJIT SINGH) Jaspreet Kaur JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Jaspreet Kaur 2025.03.21 17:59 I attest to the accuracy and integrity of this document Chandigarh