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2026 DAILYLAW 32536 (PNJ)

IMRAT v. STATE OF HARYANA

CRM-M/16796/2026 · 2026-07-22

H S Grewal

body2026

Judgment text

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CRM-M-16796-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 222 CRM-M-16796-2026 Date of Decision:22.07.2026 IMRAT ....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON’BLE MR. JUSTICE H.S.GREWAL. Present: Mr. Sayam Khetarpal, Advocate for the petitioner. H.S. GREWAL, J. (ORAL) 1. This petition has been filed under Section 483 of BNSS of 2023 (erstwhile Section 439 of Cr.PC) for the grant of regular bail to the petitioner in case FIR No. 368 dated 27.10.2025 under Section 316(3) of BNS, 2023 (corresponding to Section 4078 of IPC, 1860) (Section 3(5)/238/61(2)/318(4)/319(2) of BNS, 2023 added later on corresponding to Sections 34/201/120B/420/419 of IPC registered at Police Station Pataudi, District Gurugram. 2. As per the prosecution, the petitioner, in furtherance of a premeditated criminal conspiracy with co-accused namely Mubarik @ Mubba, Salman and Shiraju, actively participated in the theft and illegal misappropriation of valuable goods being transported in the vehicle RENU RAWAT 2026.07.23 14.41 I attest to the accuracy and integrity of this document Chandigarh CRM-M-16796-2026 2 belonging to Sharma Roadlines. It is alleged that the petitioner concealed his true identity and impersonated another driver, namely Naseem, in order to secure employment for transportation purposes. Thereafter, in furtherance of the said conspiracy, he transported the consignment along with co-accused Shiraju and remained in constant communication with the other co-accused regarding the movement and location of the vehicle. It is further the prosecution case that, pursuant to the directions of co-accused Mubarik @ Mubba and Salman, the petitioner intentionally halted the vehicle near Kishangarh, Rajasthan, where the consignment was unlawfully removed and handed over to the associates of the co-accused. The petitioner is also alleged to have received Rs.20,000/- as consideration for his participation in the commission of the offence and to have used his mobile phone for facilitating and coordinating the crime. Thus, according to the prosecution, the petitioner played an active role in the criminal conspiracy and in the theft and misappropriation of the consignment. 3. Learned Counsel for the petitioner submits that the petitioner was not named in the FIR in question, which was initially registered against one Naseem, stated to be the driver of the vehicle, who had fled from the spot. He further submits that the petitioner was subsequently implicated in the present case without there being any cogent or credible material on record connecting him with the alleged offence. It is further submitted that there is no evidence available on record to establish the involvement of the petitioner in the commission of the alleged offence. Learned Counsel RENU RAWAT 2026.07.23 14.41 I attest to the accuracy and integrity of this document Chandigarh CRM-M-16796-2026 3 further submits that the petitioner is in custody since 28.11.2025 and, therefore, prays that he be extended the concession of regular bail. 4. Notice of motion. 5. Mr. Vijay Kumar, AAG, Haryana accepts notice on behalf of the respondent-State and vehemently opposes the prayer for grant of regular bail. Learned State counsel has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 07 months and 24 days and is involved in one more case. 6. I have heard the submissions made by the parties and gone through the record. 7. After hearing the rival contentions and considering the fact that in the case in hand, the petitioner is in custody for the last 07 months and 24 days coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. RENU RAWAT 2026.07.23 14.41 I attest to the accuracy and integrity of this document Chandigarh CRM-M-16796-2026 4 10. It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. (H.S.GREWAL) 22.07.2026 JUDGE renu Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RENU RAWAT 2026.07.23 14.41 I attest to the accuracy and integrity of this document Chandigarh