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2025 DAILYLAW 1136 (PNJ)

JITENDER KUMAR ALIAS JONY v. STATE OF HARYANA

CRM-M/57072/2025 · 2026-04-27

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-57072-2025 ::1:: (111) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57072-2025 (O & M) Date of Decision: 27.04.2026 Jitender Kumar @ Jony ... Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Sandeep Singh Jattan, Advocate for the petitioner. Mr. Viney Phogat, DAG, Haryana. **** JASJIT SINGH BEDI, J. The prayer in the present petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.13 dated 30.01.2019 under Sections 394, 395, 396, 397, 302, 120-B and 216 IPC (Sections 149 and 412 IPC added later on) and Section 25 of the Arms Act, 1959 registered at Police Station Sector 20, Panchkula, District Panchkula. 2. The present FIR came to be registered at the instance of one Vinod Kumar and reads as under:- “The copy of the complaint is as under:- To The SHO Sahab, Police Station Sector 20, Panchkula. Sir, it is requested that I, Vinod Kumar S/o Mr. Pawan Kumar Agarwal, am resident of Flat No. 17. GH 25, Sector 20, Panchkula. I have taken half share of the FIRST FLOOR of SCO No 392. Sector 20, Panchkula on rent for two months in which I am working in Property and Finance. Today evening around 5-5.30 PM, I was SUKHPREET KAUR 2026.04.28 09:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-57072-2025 ::2:: playing cards with 10-12 friends in my showroom, At that time, suddenly 8-10 young boys came in through the door. All of them were carrying pistols in their hands and were also holding 3-4 helmets. Two persons with backpacks were also with them. As soon as they entered, they gave 2-3 fire shots towards us. After that they all came to us. All of them were having pistols in their hands to threaten us and asked us to take out all the cash and jewellery we have and put them in their bag. When 2-3 boys refused to give cash, those young boys started hitting them with their helmets and started scuffling. In the meantime, 2-3 boys shot at two boys with pistols/revolvers in their hands and while firing snatched money, mobile, our ring, chain, gold and ran away. When they opened fire, one boy, Sunny jumped down from the window in fear. Those who have been shot at and who suffered injuries by jumping, are all admitted in the hospital. I can recognize all these young boys as they come in front of me. Legal action should be taken against these unknown young boys who have looted us. After asking for the list of all the looted goods, we will provide it to you later. SD Vinod 30.01.2019. ” 3. During the course of the investigation, the petitioner came to be nominated as an accused. 4. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The co-accused of the petitioner have been granted the concession of bail. As he is in custody since 09.06.2019 but only 40 of the 79 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail. SUKHPREET KAUR 2026.04.28 09:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-57072-2025 ::3:: 5. The learned State counsel, on the other hand, has filed a status report dated 27.01.2026 which is taken on record. While referring to the said report, he contends that the petitioner alongwith Rajpal Singh @ Jaspreet @ Jassi and Altaf Khan participated in the crime by actually entering into the showroom where they alongwith their other companions indiscriminately fired with their pistols resulting into the death of one person and fire arm injuries to the others. The statement of PW-1/Vinod Kumar (complainant) has been recorded which indicates that the present petitioner alongwith three other co-accused have been duly identified by the witness. The case of the other accused is on a different footing. The petitioner has sought the concession of regular bail earlier by way of two separate petitions i.e. CRM- M-40855-2022 and CRM-M-9214-2024 which came to be dismissed on merits vide a common order dated 17.04.2023 and order dated 03.10.2024 (Annexures P-11 and P-12 respectively) whereas on 07.07.2025 the third petition (CRM-M-33063-2025) was argued and withdrawn. However, no change in circumstances has been pointed out in the instant petition entitling the petitioner to the grant of regular bail. 6. I have heard the learned counsel for the parties. 7. Admittedly, as per the prosecution case, the petitioner is amongst the main accused who entered into the showroom and caused injuries to the deceased alongwith the witnesses. He has been duly identified by the complainant/PW-1 Vinod Kumar. His case is different from that of his co- accused who have been granted the concession of bail either because they SUKHPREET KAUR 2026.04.28 09:43 I attest to the accuracy and integrity of this document chandigarh CRM-M-57072-2025 ::4:: were not the actual assailants, were the conspirators or had only received the looted cash. 8. In view of the aforementioned facts and circumstances, I do not deem it appropriate to grant the concession of bail to the petitioner and therefore, the present petition stands dismissed. 9. However, the Trial Court is directed to conclude the Trial as expeditiously as possible but in any case, not later than 06 months from the next date of hearing fixed before it. 10. The pending application(s), if any, shall stand disposed of accordingly. (JASJIT SINGH BEDI) JUDGE 27.04.2026 sukhpreet Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No SUKHPREET KAUR 2026.04.28 09:43 I attest to the accuracy and integrity of this document chandigarh