9911796707
TMI Blog2024 (8) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 439 CrPC would be deprived of jurisdiction of this Court under Article 227 of the Constitution of India. If an accused first files a bail petition before the Sessions Court and the same is rejected they still have right to exercise the jurisdiction of this Court under Section 439 CrPC which is also concurrent jurisdiction of this Court. Thus, in entirety it is such an accused, who would be loser by first coming to the High Court under Section 439 CrPC. Given above, the petitioner coming and filing a petition straightway to this Court is also not a ground not to entertain the same or to continue his detention just for these technical reasons. An analysis of above said submissions would lead to the outcome that the petitioner is in judicial custody from 11.04.2024. His remand is judicial not police. Thus, his current custody in a prison is not going to render any help to the investigator at this stage. Simply because, the custody is from 11.04.2024 i.e. only for 15 days is not a ground to deny bail to the petitioner. In Gurbaksh Singh Sibbia v State of Punjab [ 1980 (4) TMI 295 - SUPREME COURT] , a Constitutional Bench of Supreme Court held that the bail decision must enter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d mining beyond permissible limit by M / s Tirupati Roadways Mine at village Ratewali. In order to verify the said source information, a team was formed who conducted Surprise Check on the site of M/s Tirupati Roadways Mine at village Ratewali on 11.05.2022. During the said check, relevant record/documents and data from the computers/desktops relating to bills i.e. E-Rawana bills etc. was seized. Perusal/scrutiny of the said record/data collected during the said Surprise Check by the team of Anti Corruption Bureau, Panchkula revealed that during the period of 06 days from 05.05.2022 to 11.05.2022, a total number of 1868 Trucks/Dumpers were found to have been taken out the material/mineral (i.e. Graval, Sand, Stone etc.) from the Mining Site of M/s Tirupati Roadway Mine. Whereas, bills mentioning CGST/SGST and Royalty etc. of only 518 Trucks/Dumper were found to be issued. 2. That in order to further ascertain the amount of illegal extraction of material/minerals, a survey/measurement was carried out with the help of officers/officers of HARSAC, Gurugram and the Mining Deptt., Haryana, Panchkula M/s Tirupati Roadways at Ratewali, Panchkula, Haryana on 13.05.2022 at the sit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13 (1) (a) of PC Act has Been registered in the present case against the owners of the said firm and the unknown public servants of Mining Department of Panchkula and investigation is going on. 6. That during investigation, record relating to execution of mining contract executed between the Government of Haryana and M/s Tirupati Roadways and other relevant documents are obtained from the concerned which revealed that on 04.12.2018, the mining contract was executed between the Government of Haryana and M/s Tirupati Roadways through its authorized signatory Gurpreet Singh Sabarwal, the petitioner (duly authorized by his father Sh. Lakhmir Singh bharwal as per the Power of Attorney dated 19.08.2017). 5. Counsel for the petitioner submits that the FIR was registered way back in the year 2022 and his custody was not required. However, he had approached this Court by filing a quashing petition which was registered as CRM-M-4430-2024 and because of that reason now without any legal ground, he was arrested and put behind bars. 6. Counsel for the petitioner seeks bail on the grounds that the allegations of the extra excavation based on the numbers of dumpers counted by the authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raightway coming to this Court any accused would lose one of the statutory right of getting their bail petition adjudicated by the Sessions Court first. In this process such an accused, who comes straightway to this Court in exercise of the concurrent jurisdiction under Section 439 CrPC would be deprived of jurisdiction of this Court under Article 227 of the Constitution of India. If an accused first files a bail petition before the Sessions Court and the same is rejected they still have right to exercise the jurisdiction of this Court under Section 439 CrPC which is also concurrent jurisdiction of this Court. Thus, in entirety it is such an accused, who would be loser by first coming to the High Court under Section 439 CrPC. If such an accused makes a concession not to claim prejudice in case of dismissal of their regular bail petition by High Court under Section 439 CrPC then there is no reason for this Court not to entertain such petition when filed straightway in this Court. 11. Given above, the petitioner coming and filing a petition straightway to this Court is also not a ground not to entertain the same or to continue his detention just for these technical reasons. An analys ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh v State of Uttar Pradesh, 2018:INSC:107 [Para 7], (2018) 3 SCC 22, (Para 6), Supreme Court held that the grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously, compassionately, and in a humane manner. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory. 13. The possibility of the accused influencing the investigation, tampering with evidence, intimidating witnesses, and the likelihood of fleeing justice, can be taken care of by imposing elaborative and stringent conditions. In Sushila Aggarwal v. State (NCT of Delhi), 2020:INSC:106 [Para 92], (2020) 5 SCC 1, Para 92, the Constitutional Bench held that unusually, subject to the evidence produced, the Courts can impose restrictive conditions. 14. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail, subject to the following terms and conditions, which shall be over and above and irrespective of the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om any of the well-established and stable private sector banks. In case the bankers are not willing to make a Fixed Deposit in such eventuality it shall be permissible for the petitioner to prepare an account payee demand draft favouring concerned Chief Judicial Magistrate for a similar amount. (c). Such court shall have a lien over the funds until the case's closure or discharged by substitution, or up to the expiry of the period mentioned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the entire amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor. (d). The petitioner is to also execute a bond for attendance in the concerned court(s) as and when asked to do so. The presentation of the personal bond shall be deemed acceptance of the declarations made in the bail petition and all other stipulations, terms, and conditions of section 438 (2) of the Code of Criminal Procedure, 1973, and of this bail order. (e). While furnishing personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number, (If available), when the attesting officer/court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;s pendency, if the petitioner repeats or commits any offence where the sentence prescribed is more than seven years or violates any condition as stipulated in this order, it shall always be permissible to the respondent to apply for cancellation of this bail. It shall further be open for any investigating agency to bring it to the notice of the Court seized of the subsequent application that the accused was earlier cautioned not to indulge in criminal activities. Otherwise, the bail bonds shall remain in force throughout the trial and after that in Section 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of conditions. 20. The conditions mentioned above imposed by this Court are to endeavour that the accused does not repeat the offence and to provide an opportunity to the victim to consider legal remedies for recovery of the amount. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon ble Supreme Court holds that The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
