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High CourtsDivision Bench(1999) 12 P&H CK 0115

Pehlad Singh vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 December 1999 · Citation: (2001) 3 RCR(Criminal) 283

HON’BLE JUDGES
V.M. Jain, J · Jawahar Lal Gupta, J
CASE NUMBER
Criminal Miscellaneous No. 28980 of 1999 in Criminal Appeal No. 40-DB of 1996

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Judgment

8 paragraphs · 384 words

Jawahar Lal Gupta, J.—This is an application for the grant of bail to Pehlad, Shamsher Singh, Ganga Lal and Virender Singh. It has been averred that all the four applicants have been in custody since September 9, 1992 and have been in custody for more than 7 years.

2.

Notice of the application was given to the Advocate General, Haryana. No reply has been filed.

3.

The facts as averred in the application have not been controverted. However, the complainant has filed an affidavit. It has been averred inter- alia that Virender Singh and Ganga Lal should not be granted bail as FIR No. 447 of 1999 was recorded against him on Novem- ber 6, 1999. It has been pointed out that he had misused the concession of parole and a case under Sections 307/353/168/34 read with Section 25 of the Arms Act is pending against him. It has further been averred that Ganga Lal and Virender Singh had been granted bail during the trial of the case. On February 8, 1993 the bail was cancelled as they had criminally intimidated the complainant and his associates. The order passed by the Sessions Judge was affirmed by this Court vide order dated June 4, 1993.

Counsel for the parties have been heard.

4.

So far as Pehlad and Shamsher Singh are concerned, it is established that they have been in custody for more than 7 years. Despite the grant of parole on different occasions, they have not been found to have done any thing wrong. The prayer for grant of bail made by these two. persons is accepted as their case is clearly covered by the ratio of the Division Bench judgement in Crl. Misc. No. 24778 of 1999 in Crl. Appeal No. 428-DB of 1996 (Dharam Pal v. State of Haryana) decided on September 9, 1999) : 1999 (4) RCR 600

5.

So far as Ganga Lal and Virender Singh are concerned, it is clear that a false averment has been made in the petition. Even otherwise, Ganga Lal is involved in case FIR No. 447 of 1999. The prayer made on their behalf is consequently rejected at this stage.

6.

Pehlad and Shamsher Singh shall be granted bail on their furnishing security to the satisfaction of Chief Judicial Magistrate, Faridabad.

7.

Order accordingly.