CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA 219 Mohit Chawla State of Haryana CORAM: Present: SANJAY VASHISTH, J. 1. BNSS, 2023 petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder: Name of Petitioner(s) Mohit Chawla 2. when the complainant park the motorcycle in front of House No. 432, some hot words were exchanged with that -42115 of 2025 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42115 of 2025 Decided on : 08.08.2025 Mohit Chawla Versus Haryana CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. D.S. Matya, Advocate for the petitioner. Mr. Amish Sharma, AAG, Haryana. **** SANJAY VASHISTH, J. The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Petitioner(s) FIR No. Date Section(s) Mohit Chawla 329/2024 11/10/2024 109(1) BNS, 351(2) BNS, and Section 25(1-B)(a) of Arms Act Allegation in the FIR against the unnamed accused is that when the complainant-Prashant Prashar stopped the unknown person to park the motorcycle in front of House No. 432, some hot words were exchanged with that person and thereupon, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 42115 of 2025 08.08.2025 ......Petitioner ......Respondent HON'BLE MR. JUSTICE SANJAY VASHISTH Amish Sharma, AAG, Haryana. The instant petition has been filed under Section 483 of (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed Section(s) Police Station District 109(1) BNS, 351(2) BNS, and Section B)(a) of Arms Act Sector 9-A Gurugram Allegation in the FIR against the unnamed accused is that Prashant Prashar stopped the unknown person to park the motorcycle in front of House No. 432, some hot words were and thereupon, he entered the house with a The instant petition has been filed under Section 483 of (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed Allegation in the FIR against the unnamed accused is that Prashant Prashar stopped the unknown person to park the motorcycle in front of House No. 432, some hot words were with a SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- weapon and in a heat of rage, fired at the to kill him 3. complainant and thereafter got reflected after striking with the hand of Happy Sharma, his friend 4. name of the petitioner is through T from the complainant or even the injured witness been examined as PW person, presen examined as PW him also, while appearing in the witness box. appended for its perusal by 5. that first bail petition was dismissed as not pressed disposed of again disposed of the petitioner submits that subsequent to the earlier two withdrawals the petitioner, Prashant Pr -42115 of 2025 [2] weapon and in a heat of rage, fired at the him. Incidentally, the bullet passed from the side of the complainant and thereafter got reflected after striking with the hand of Happy Sharma, his friend who was present on Learned counsel for the petitioner contends that neither, name of the petitioner is mentioned in the FIR Test Identification Parade during the course of the investigation from the complainant or even the injured witness He also points out that complainant, Prashant Prashar has been examined as PW-1 and he failed to identify the petitioner to be the , present on spot. Even, injured- examined as PW-2 on 18.07.2025, but petitioner was not identified by , while appearing in the witness box. The statements of the said two witnesses have already been appended for its perusal by counsel for the Mr. D.S. Matya, learned counsel for the petitioner points out that first bail petition was dismissed as not pressed disposed of, vide order dated 27.02.2025 again disposed of, as having been withdrawn To point out the changed circumstances, learned counsel for the petitioner submits that subsequent to the earlier two withdrawals the petitioner, both the material witnesses have been examined i.e. Prashant Prashar (PW-1) and Happy Sharma (PW weapon and in a heat of rage, fired at the complainant with the intention Incidentally, the bullet passed from the side of the complainant and thereafter got reflected after striking with the hand of present on the spot. etitioner contends that neither, in the FIR, nor he was identified arade during the course of the investigation from the complainant or even the injured witness-Happy Sharma. He also points out that complainant, Prashant Prashar has 1 and he failed to identify the petitioner to be the -Happy Sharma has also been but petitioner was not identified by , while appearing in the witness box. The statements of the said two witnesses have already been counsel for the petitioner. Mr. D.S. Matya, learned counsel for the petitioner points out that first bail petition was dismissed as not pressed, and thus, was vide order dated 27.02.2025, and second bail petition was having been withdrawn, on 05.05.2025. circumstances, learned counsel for the petitioner submits that subsequent to the earlier two withdrawals by both the material witnesses have been examined i.e. 1) and Happy Sharma (PW-2). complainant with the intention Incidentally, the bullet passed from the side of the complainant and thereafter got reflected after striking with the hand of etitioner contends that neither, identified arade during the course of the investigation He also points out that complainant, Prashant Prashar has 1 and he failed to identify the petitioner to be the Happy Sharma has also been but petitioner was not identified by The statements of the said two witnesses have already been Mr. D.S. Matya, learned counsel for the petitioner points out was econd bail petition was circumstances, learned counsel for by both the material witnesses have been examined i.e. SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- 6. examined, till date prosecution witness any chance to t of the case. Thus, he prays for grant of present case 7. an appearance and Court today, which is taken on record. Office to tag the same at appropriate place. for the petitioner. 8. already undergone other cases registered against him are as under: Sr. No. Date of case (FIR No., dated, Section, Police Station, District 1. FIR No. 288/2022 dated 14.07.2022 u/s 25(1B)(A) Arms Act, PS. Sector 9 Gurugram 2. FIR No. u/s 25 of Arms Act, PS DLF PH 9. the relevant material on record with their able assistance as well as from -42115 of 2025 [3] Out of total 13 prosecution witnesses, examined, till date. Counsel for the petitioner submits that o prosecution witnesses have already been examined, there chance to tamper with any evidence, which of the case. Thus, he prays for grant of regular present case. On advance notice, Mr. Amish Sharma, AAG, Haryana, puts an appearance and produces custody certificate dated Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner. As per the custody certificate, in the present case, already undergone 09 months and 25 days period inside jail and other cases registered against him are as under: Date of case (FIR No., dated, Section, Police Station, District Status of Case (Trial pending or concluded to commence) FIR No. 288/2022 dated 14.07.2022 u/s 25(1B)(A) Arms Act, PS. Sector 9-A, Gurugram Pending FIR No. 54/2022 dated NIL, u/s 25 of Arms Act, PS DLF PH-II, Gurugram Pending After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance as well as from prosecution witnesses, only two have been Counsel for the petitioner submits that once the material have already been examined, there would not be amper with any evidence, which may affect the final result regular bail to the petitioner in the On advance notice, Mr. Amish Sharma, AAG, Haryana, puts ody certificate dated 07.08.2025 in Court today, which is taken on record. Office to tag the same at A copy thereof has been handed over to the counsel As per the custody certificate, in the present case, petitioner has days period inside jail and there are two other cases registered against him are as under:- Status of Case (Trial pending or concluded or yet to commence) Remarks (in jail, Undergone, Acquitted, on bail Pending Yes, Bailed by order No.NIL dated 18.07.2022 which is received on 18.07.2025 Pending Yes, Bailed by order No. N/A dated 18.02.2025 which is received on 18.02.2025 After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance as well as from have been nce the material would not be may affect the final result to the petitioner in the On advance notice, Mr. Amish Sharma, AAG, Haryana, puts in Court today, which is taken on record. Office to tag the same at A copy thereof has been handed over to the counsel petitioner has there are two Remarks (in jail, Acquitted, on Yes, Bailed by order No.NIL dated 18.07.2022 which is received Yes, Bailed by order No. N/A dated 18.02.2025 which is received After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance as well as from SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document CRM-M- the custody certificate, it is noticed that in both the other two cases are registered against Since, statements of both the material witnesses have already been recorded, personal liberty 10. Petitioner bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, i required in any other case. 11. threat and shall not influence any prosecution witness in any manner directly or indirectly. 12. not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law 13. 08.08.2025 Sumit Gusain -42115 of 2025 [4] the custody certificate, it is noticed that in both the other two cases are registered against the petitioner, he ha statements of both the material witnesses have already been recorded, this Court does not find any substantial reason to liberty of the petitioner for an indefinite Therefore, prayer made in the present petition is etitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, i required in any other case. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. Any of the discussion done and recorded here above, shal not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law Petition stands disposed of. 08.08.2025 Whether Speaking/Reasoned: Whether Reportable: the custody certificate, it is noticed that in both the other two cases which has already been released on bail. statements of both the material witnesses have already been not find any substantial reason to curtail the an indefinite period. r made in the present petition is allowed. is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. (SANJAY VASHISTH) JUDGE Whether Speaking/Reasoned: YES/NO YES/NO which s already been released on bail. statements of both the material witnesses have already been the . is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief f not Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner l not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as SUMIT SINGH GUSAIN 2025.08.08 19:38 I attest to the accuracy and integrity of this document