CRM-M-18790- IN THE H (216) DEVENDER @ S STATE OF HAR CORAM: HON Present: Mr. Mr. S Mr. N MANISHA BATR 1. The 483 of Bharatiya N of regular bail in under Sections 31 short “BNS”) and Jatusana, District R 2. As pe about 10 PM, a se a tubewell room o armed with weapo -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH R @ SUBHASH Versus
HARYANA HON'BLE MRS. JUSTICE MANIS Mr. Virender Ahlawat, Advocate for Mr. Sudhir Rana, Advocate for the pe Mr. Neeraj Poswal, AAG, Haryana ****
BATRA, J. (ORAL)
The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 ail in case arising out of FIR No.19 ons 310(4), 310(5), 310(6) of Bharat ) and Sections 25(1A) and 29 of Arm istrict Rewari. As per the allegations, on the interve , a secret information was received oom on the kacha rasta of Village B weapons and they were planning to co JAB AND HARYANA AT ARH
CRM-M-18790-2026 (O&M) Date of decision : 16.04.2026 ... Petitioner ...Respondent ANISHA BATRA
te for the petitioner by the petitioner under Section , 2023 (for short “BNSS”) for grant 190 dated 10.12.2024 registered Bharatiya Nyaya Sanhita, 2023 (for of Arms Act, 1959 at Police Station ntervening night of 09/10.12.2024 at that 4-5 persons were present in lage Berli to Dehlawas. They were to commit some offence of dacoity. M) 2026 oner
dent
ction grant ered (for ation at nt in were oity. AMIT SHARMA 2026.04.16 16:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-18790- It was also inform immediately. Bel formed which reac the co-accused. R torch was effecte ammunitions wer ammunitions were 3. It is a falsely implicated year. The trial w prosecution witne intimidating the w would be served b cases cannot be a already been exten extended the same bail. 4. Per c report has veheme involved in 14 absconding or com therefore, argued t -2026 (O&M) 2 informed that they could be appreh . Believing the secret information to ch reached at the informed place and a sed. Recovery of 01 countrymade pis ffected from the petitioner, whereas ere recovered from the co-accu s were taken into custody. Investigatio It is argued by learned counsel for t icated in this case. He is in custody trial will take considerable time to c witnesses has been examined so far. the witnesses since they are police rved by detaining him in custody anym t be a ground to deny benefit of bail n extended benefit of regular bail. On e same benefit. It is thus argued that Per contra, learned State counsel w ehemently argued that the petitioner other cases of serious nature. or committing similar offences, if ex gued that he does not deserve to be ex pprehended, if raid was conducted tion to be true, a raiding party was e and apprehended the petitioner and ade pistol, 03 live cartridges and 01 hereas recovery of illicit arms and accused as well. The arms and stigation now stands completed. l for the petitioner that he has been stody for a period of more than one e to conclude as only 01 out of 12 so far. There are no chances of his police officials. No useful purpose y anymore. His involvement in other f bail to him. The co-accused have il. On parity, he too deserves to be d that he deserves to be released on nsel while relying upon the status tioner is a habitual offender as he is ature. There are chances of his , if extended benefit of bail. It is, be extended the benefit of bail. cted was r and d 01 and and been one f 12 f his pose other have to be d on tatus he is f his It is, AMIT SHARMA 2026.04.16 16:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-18790- 5. This parties. 6. The p hatched a conspir Recovery of some basis of thorough conclusion as to offence of dacoit petitioner is in cus His continued det conclusion of trial cannot be consider situated co-accuse proposition of law pre-trial incarcera Taking into consid that a case is m Accordingly, the p on bail subject t satisfaction of the concerned. -2026 (O&M) 3 This Court has heard the rival sub The petitioner in connivance with the onspiracy to commit the offence of f some weapons had also been effecte rough assessment of the evidence to be as to the fact that whether actually dacoity was hatched, is to be drawn in custody for over a period of more t ed detention would not serve any use of trial in the near future are bleak. H nsidered to be a reason for denying be accused have been extended benefi of law that bail is the rule and jail is arceration should not be the replica o consideration the above discussed fac is made out for grant of bail to , the petition is allowed and the petiti ject to his furnishing personal as of the learned trial Court/Chief Judici al submissions made by both the ith the co-accused is alleged to have ce of dacoity as on 09/10.12.2024. effected from him. It is only on the e to be adduced during trial that any tually some conspiracy to commit drawn but not at this stage. The more than one year and four months. ny useful purpose. The chances of eak. His involvement in other cases ing benefit of bail to him. Similarly benefit of bail. It is well settled jail is an exception. Even otherwise plica of post-conviction sentencing. ed facts, this Court is of the opinion ail to the petitioner at this stage. e petitioner is ordered to be released al as well as surety bonds to the Judicial Magistrate/Duty Magistrate the have 024. n the t any mmit The . es of cases ilarly ttled wise cing. inion tage. ased the trate AMIT SHARMA 2026.04.16 16:50 I attest to the accuracy and integrity of this order/judgment. CRM-M-18790- 7. In the petitioner, it shall application seekin 8. It is, shall not be constr shall not influence 9. Since any, is rendered in 16.04.2026 Amit Sharma -2026 (O&M) 4 In the event of there being any FIR t shall be open to the respondent-State seeking cancellation of bail.
It is, however, clarified that the ob construed as an expression of opinion luence the outcome of the trial.
Since the main petition has been all ered infructuous.
(MA Whether speaking/reasoned:- Yes
  
y FIR/complaint lodged against the State to seek redressal by filing an he observations made hereinabove pinion on the merits of the case and een allowed, pending application, if (MANISHA BATRA)
JUDGE
Yes/No
t the g an bove and n, if AMIT SHARMA 2026.04.16 16:50 I attest to the accuracy and integrity of this order/judgment.