224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-34332 of 2017(OM)
Date of decision: November 30, 2017
Devender Sharma
……Petitioner
Versus
State of Haryana
…..Respondent
CORAM: HON’BLE MR. JUSTICE A.B. CHAUDHARI
Present: Mr. Kunal Dawar, Advocate for the petitioner.
Ms.Tanisha Peshawaria, DAG, Haryana.
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A.B. CHAUDHARI, J (Oral)
Heard learned counsel for the rival parties.
Petitioner seeks regular bail in FIR No.41 dated 20.01.2015,
under Section 406 IPC (Sections 420, 201, 120-B IPC added later on),
registered at Police Station Sector 7, District Faridabad, Haryana.
The challan has been filed. I have seen the impugned order
Annexure P-2. As per allegations of the prosecution, the main accused is
Mukesh Kumar Singh, proprietor of M/s Shree Sudershan Communication,
who is stated to have misappropriated/committed fraud to the tune of Rs.17
crores with the Electricity Organization, DHBVNL. As far as the petitioner
is concerned, he was an employee under him for some time. The petitioner
was arrested on 11.01.2017. Since the case is triable by Magistrate, looking
to the limited role attributed to the petitioner and further to the fact that the
main accused has not been released on bail and rightly so, I think that there
is no point in detaining the petitioner any more.
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CRM-M-34332 of 2017(OM) -2-
In that view of the matter the petitioner is ordered to be
released on bail subject to the following conditions:-
(i) The CRM-M-34332 of 2017 is allowed.
(ii) The petitioner be released on bail to the satisfaction of
the concerned CJM/Duty Magistrate.
(iii) The petitioner to surrender his passport with the trial
Court, if he possesses the same.
(iv) Petitioner shall not tamper, influence and threaten the
prosecution witnesses and complainant as well.
(v) In case, the petitioner violates the above said conditions,
this order of bail comes to an end automatically without
reference to this Court.
(A. B. CHAUDHARI)
JUDGE
30.11.2017
sunita
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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