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2026 DAILYLAW 16740 (PNJ)

MOHIT KHATRI @ KHALIFA v. STATE OF HARYANA

CRM-M/7918/2026 · 2026-04-30

Manisha Batra

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Judgment text

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CRM-M-7918-20 IN THE H MOHIT KHATR STATE OF HAR 1 The dat 2 The dat 3 The dat website 4 Whethe pronoun pronoun 5 The del judgme CORAM: HON Present: Mr. Mr. A Mr. N **** MANISHA BATR 1. The Section 483 of Bh for grant of regul registered under S Act at Police Stati 2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH ATRI @ KHALIFA Versus HARYANA date when the judgment is reserved he date when the judgment is pronoun he date when the judgment is uploaded ebsite hether only operative part of the judg ronounced or whether the full judgmen ronounced he delay, if any, of the pronouncement dgment and reasons thereof. HON'BLE MRS. JUSTICE MANIS Karan Inder Singh, Advocate for Mr. Ankit Karna, Advocate for the pe Mr. Neeraj Poswal, Assistant Advoca **** BATRA, J. The instant petition has been prefe of Bharatiya Nagarik Suraksha Sanh regular bail in case arising out of F nder Sections 302, 120B, 148, 149 of e Station Sadar Bahadurgarh, District J JAB AND HARYANA AT ARH CRM-M-7918-2026 (O&M) ... Petitioner ...Respondent served 29.04.2026 onounced 30.04.2026 loaded on the 30.04.2026 e judgment is dgment is Full cement of full Not applicable ANISHA BATRA ate for petitioner dvocate General, Haryana preferred by the petitioner under Sanhita, 2023 (for short “BNSS”) ut of FIR No.240 dated 20.08.2021 149 of IPC and Section 25 of Arms strict Jhajjar. oner dent nder SS”) 2021 rms AMIT SHARMA 2026.04.30 17:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-7918-20 2. As pe workshop at Jhaj above said Surend Sukhvinder was p reached there, 04 p therein, all 04 of The complainant shots were fired Surrender @ Gulla 3. After It was revealed tha Jail, Delhi in conn admitting his invo was added. Accu suffered disclosur disclosure, the ac Himanshu @ Bha accused. Subsequ basis of disclosur Cheetah. His pres Jail in some othe disclosure stateme asked by accused 2026 (O&M) 2 As per the allegations, the victim Sur t Jhajjar-Bahadurgarh Road. On th urender @ Gullar alongwith the comp was present in his workshop, whe e, 04 persons alighted from the same, 04 of them at once started firing shot inant and his companions rushed to fired at Surender @ Gullar and th Gullar immediately succumbed to the After registration of FIR, investigatio led that one accused Bhupender @ Bh n connection with some other case had is involvement in the crime. Offence Accused Bhupender @ Bhuppi was closure statement admitting his invol the accused Sunny, Naveen @ Bali Bhau, Morish @ Kuki, Manjeet @ ubsequently, the petitioner was also n closure statement of co-accused Dee is presence was secured by way of pro e other case and he was arrested o tatement to the effect that the accused cused Naveen @ Bali to eliminate the im Surender @ Gullar was running a On the evening of 20.08.2021, the e complainant-Satinder, Bijender and when one grey colour Swift car same, whereas the driver kept sitting g shots towards Surender @ Gullar. hed to save themselves but several and then the assailants fled away. to the firearm injuries. stigation proceedings were initiated. @ Bhuppi who was lodged in Tihar se had suffered disclosure statement ffence under Section 120-B of IPC i was joined into investigation. He involvement in the crime. On his Bali, Amit Lota, Naveen Bhanja, njeet @ Cheeta were nominated as also nominated in this case on the d Deepak @ Dada and Manjeet @ of production warrants, as he was in ested on 23.11.2021. He suffered ccused Himanshu @ Bhau had been te the victim Surender @ Gullar and ing a , the r and t car itting ullar. veral way. ated. ihar ment IPC . He n his anja, d as n the et @ as in fered been r and AMIT SHARMA 2026.04.30 17:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-7918-20 on asking of accu committed the mu 4. It is a falsely implicated accused Bhupende Manjeet @ Cheet evidence qua him. trial in the near fu examined so far. custody anymore. reason for denyin does not deserve to 5. Per c report and custod allegations agains victim. He is a h chances of his com bail. The complai the time of record stressed that the pe 6. This C for the parties at co 2026 (O&M) 3 f accused Deepak @ Dada, he along he murder of the victim. Investigation It is argued by learned counsel for t icated in this case. He was not nam pender @ Bhuppi. The disclosure sta Cheetah and Deepak @ Dada cannot a him. He is in custody since long. ear future are totally bleak as only 01 o far. No useful purpose would be more. His involvement in other cases enying benefit of bail to him. It is, erve to be allowed. Per contra, learned State counsel w custody certificate has vehemently a against the petitioner. He was one is a habitual offender being involved is committing similar offences or absc mplainant-Satinder has duly identified recording of his sworn deposition i t the petition does not deserve to be all This Court has heard the rival submis es at considerable length. alongwith the accused Deepak had igation now stands concluded. l for the petitioner that he has been t named in the FIR or even by co- ure statement suffered by co-accused cannot be stated to be admissible in long. The chances of conclusion of nly 01 prosecution witness has been uld be served by detaining him in r cases cannot be considered to be a It is, thus, argued that the petition nsel while relying upon the status ently argued that there are serious s one of the main assailants of the volved in several cases. There are or absconding, if extended benefit of entified him as one of the assailant at ition in the Court. It is, therefore, be allowed. ubmissions made by learned counsel had been - used le in n of been m in be a tition tatus rious f the e are fit of nt at fore, unsel AMIT SHARMA 2026.04.30 17:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-7918-20 7. The p forming membersh shots with firearm homicidal death a quite grave in natu the assailant. The of custody or the f the period of incar bail, when the offe the observations m Chenna Boyanna and State throug 280(SC). It is a discretionary relie circumstance of ea for considering th accusations, sever nature of evidenc reasonable appreh witnesses is also considered, and it the matter of gran which shows that t not entitled to be 2026 (O&M) 4 The petitioner by hatching a conspira mbership of an unlawful assembly with firearms upon the victim Surender @ eath as on the date of occurrence. T in nature. The eye-witness-complaina The well settled proposition of law r the fact that the trial is likely to take f incarceration are not sufficient groun he offence alleged is serious. Referenc ions made in Parmod Kumar Saxena nna Krishna Yadav Vs. State of Ma rough CBI Vs. Amaramani Tripat It is also well-settled proposition of y relief to be granted or denied e of each case and there cannot be any ing the application for grant of bail. , severity of punishment if the accusa vidence in support of accusations pprehension of tampering with eviden also to be weighed. Frivolity of p and it is only the element of genuinene f grant of bail. 21 out of 34 material w s that the trial is going on at a proper p to be released on bail only on the gro nspiracy with the co-accused and by ly with them, is alleged to have fired nder @ Gullar, thereby causing his ce. The allegations against him are plainant has identified him as one of of law is that mere prolonged period to take time by itself or coupled with grounds for enlarging an accused on eference in this context can be had to ena Vs. UOI, 2008(63) ACC (SC), f Maharashtra, (2007) 1 SCC, 242 ripathi, 2005(4) RCR (Criminal) ion of law that grant of bail is a nied based on specific facts and be any exhaustive parameters set out f bail. The factors such as nature of accusations entail a conviction and tions are to be seen. That apart, evidence or threatening the material ty of prosecution should always be uineness that has to be considered in terial witnesses have been examined roper pace. As such, the petitioner is he ground of period spent by him in d by fired g his e ne of eriod with d on ad to , 42 al) is a and t out re of and part, terial s be ed in ined er is m in AMIT SHARMA 2026.04.30 17:32 I attest to the accuracy and integrity of this order/judgment. CRM-M-7918-20 custody. Keepin sentence for whi circumstances of merits thereof, thi deserve to be allow 8. Since any, is rendered in 30.04.2026 Amit Sharma 2026 (O&M) 5 eeping in view the gravity of the r which the conviction may entail es of the case but without meaning t this Court is of the considered opi e allowed. Accordingly, the same is d Since the main petition has been dism ered infructuous. (MAN Whether speaking/reasoned:- Yes Whether reportable:- Yes/No of the allegations, the quantum of entail and the attendant facts and aning to make any comment on the ed opinion that the petition does not e is dismissed. dismissed, pending application, if (MANISHA BATRA) JUDGE Yes/No of and n the s not n, if AMIT SHARMA 2026.04.30 17:32 I attest to the accuracy and integrity of this order/judgment.