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2025 DAILYLAW 93263 (PNJ)

RAVI DAS v. STATE OF HARYANA

CRM-M/46369/2025 · 2025-08-28

Sanjay Vashisth

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Judgment text

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CRM-M-46369-2025 - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 239 CRM-M-46369-2025 Date of decision: 28.08.2025 RAVI DAS ....Petitioner Versus STATE OF HARYANA ...Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present : Mr. Raj Mohan Singh, Advocate and Mr. Vrishketu, Advocate for the petitioner. Mr. Amish Sharma, AAG, Haryana. SANJAY VASHISTH. J.(Oral) 1. 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:- Name of Petitioner(s) FIR No. Date Section(s) Police Station District RAVI DAS 593 27.08.2024 406 and 420 IPC HTM Hisar Hisar 2. Allegations against the petitioner are that he entered into an agreement to sell and received an amount of Rs.6,61,000/- from complainant on the pretext of executing the sale deed, whereas, the sale deed was executed in favour of the one Santosh wife of Bhajan Lal. It is also the allegation that despite giving the statement before the Civil Court, neither the amount was paid nor the sale deed was executed. 3. Learned counsel for the petitioner contends that a false version has AMANDEEP GOSAIN 2025.08.30 11:19 I attest to the accuracy and integrity of this order/judgment CRM-M-46369-2025 - 2- been prepared, whereas, there was some business deal with the complainant in partnership and due to some disagreement, a concocted version is submitted, resulting into registration of FIR. He further submits that petitioner is there inside jail for the last more than 04 months. Petitioner is not involved in any other criminal case. Thus, prays for grant of regular bail. 3. On advance notice and in response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 27.08.2025 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has already been handed over to the counsel for the petitioner. As per custody certificate, petitioner has already undergone 04 months and 08 days period inside jail and there is no other case registered against him. 4. Learned State counsel has vehemently opposed the prayer of grant of bail to the petitioner, keeping in view the nature of allegations and the gravity of offence involved herein. He further submits that if the petitioner is granted concession of bail, there is every likelihood of him being absconding from the trial and can indulge in similar kind of activities. 5. After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance. 6. Considering the totality of circumstances, and the fact that the offence under Sections 406 and 420 of IPC are triable by the Court of learned Magistrate and in the present case petitioner is there inside jail for a period of 04 AMANDEEP GOSAIN 2025.08.30 11:19 I attest to the accuracy and integrity of this order/judgment CRM-M-46369-2025 - 3- months and 08 days. Challan was filed on 17.05.2025 and charges were framed on 18.07.2025 but till date no prosecution witness has been examined. In such kind of financial dispute between the parties, the accused cannot be detained for an indefinite period, especially in a case triable by Magistrate, therefore, this Court deems it appropriate to grant the concession of bail to the petitioner. Consequently, prayer made in the present petition is allowed. Petitioner 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 required in any other case. 7. Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly. 8. Any of the discussion done and recorded hereabove, 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. 9. Petition stands disposed of. (SANJAY VASHISTH) 28.08.2025 JUDGE amandeep Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No AMANDEEP GOSAIN 2025.08.30 11:19 I attest to the accuracy and integrity of this order/judgment