Deepak @ Om Pal vs State of Haryana

Kanwaljit Singh Ahluwalia, J.—By this common order, (1) Criminal Misc. No. M-367 of 2012 preferred by Deepak @ Om Pal; (2) Criminal Misc. No. M-1148 of 2012 filed by Chakarwarti and (3) Criminal Misc. No. M-1149 of 2012 filed by Sukhbir @ Gaddar shall be decided together.

Petitioners namely Deepak @ Om Pal, Chakarwarti and Sukhbir @ Gaddar have approached this Court u/s 439 Cr.P.C. praying for grant of regular bail to them in a case arising out of FIR No. 15 dated 13.01.2011 registered at Police Station Manesar, District Gurgaon under Sections 392 and 34 IPC and Section 25/54/59 of the Arms Act, 1959. It is stated that offences punishable under Sections 395 and 397 IPC were added later-on.

Counsel for the petitioners have placed reliance upon the order dated October 13, 2011 passed by a Coordinate Bench of this Court in Criminal Misc. No. M-22220 of 2011, whereby bail was granted to the co-accused Surender. The order granting bail to co-accused Surender reads as under:

The petitioner along with others is alleged to have locked two security guards and entered into the factory premises of the complainant by scaling over the boundary wall and stolen 44 bags of wall bearing costing Rs. 7,00,000/-. The security guards have already been examined and have not identified the petitioner by appearing in the Court. Copy of the statement of witnesses have been made part of the record.

Without expression of any opinion on the merits of the case, the petitioner is ordered to be released on bail on his furnishing bail bond/surety bonds to the satisfaction of the trial Court.

It is further stated that similarly situated other co-accused namely Jitu @ Leelu @ Rajender was also granted bail by a Coordinate Bench of this Court vide an order dated December 08. 2011 passed in Criminal Misc. No. M-33142 of 2011, and another co-accused Ajay by this Court vide an order dated 3rd January, 2012 passed in Criminal Misc. No. M-35457 of 2011.

Counsel for the State has not denied that the case of the petitioners is similar to that of his co-accused who have been granted bail by this Court.

For the reasons stated in order dated 3rd January, 2012 passed in Criminal Misc. No. M-35457 of 2011 titled as ''Ajay v. State of Haryana'', on the ground of parity the petitioners are also entitled to grant of regular bail. The order dated 3rd January, 2012 passed in Criminal Misc. No. M-35457 of 2011 be read as a part of this order.

Consequently, the present three petitions are accepted and the petitioners are ordered to be released on regular bail to the satisfaction of Chief Judicial Magistrate, Gurgaon.