In the meantime, the Director, Chandigarh Judicial Academy,
Chandigarh is directed to look into the matter and issue appropriate
directions to the judicial officers about the manner by which, while passing
an order on bail application, the facts in the FIR need to be reflected before
forming an opinion whether bail/anticipatory bail is to be granted or
declined.
PUNJAB AND HARYANA HIGH COURT
SUMIT TANWAR VS STATE OF HARYANA
Coram: ARVIND SINGH SANGWAN
Dated: 08.07.2021
This is a petition under Section 438 Cr.P.C. for the grant of
anticipatory bail to the petitioner in FIR No. 208 dated 14.07.2020 under
Sections 395 and 34 of the IPC (Section 379-A was deleted and Section 395
added later on), registered at Police Station Sector-56, Gurugram, Haryana.
Learned counsel for the petitioner, at the very outset has
referred to the order dated 01.06.2021 passed by the Additional Sessions
Judge, Gurugarm to submit that the order is totally non-speaking reflecting
non-application of mind and lacking the art of writing an order. For a
reference the entire order is reproduced below:
“This bail application under Section 438 of Code of
Criminal procedure, 1973 is filed by applicantaccused
in case arising out of FIR No.208 dated
14.07.2020, under Section 395 IPC, Police Station
Sector 56, Gurugram.
2. Notice of bail application was issued to the
respondent-State. Reply filed and perused.
3. The learned counsel for the applicant-accused has
argued that the applicant-accused has been falsely
implicated in this case. It is further contended that the
entire story of the prosecution is concocted and
fabricated. In the end, a prayer for granting
anticipatory bail to the applicant-accused has been
made.
4. On the other hand, learned Public Prosecutor
vehemently opposed the bail application by arguing
that there are serious allegations of offences under
Section 395 IPC against the applicant-accused and he
is required for custodial interrogation. It is also
submitted that keeping in view the gravity of the
offences committed by the applicant-accused, he does
not deserve for pre-arrest bail. In the end, a prayer
for dismissal of application for anticipatory bail has
been made.
5. I have heard learned counsel for the applicantaccused
and learned Public Prosecutor for the State
and have gone through the record carefully.
6. After hearing learned counsel for the applicantaccused
and the learned Public Prosecutor assisted
by the investigating officer of the case, it is held that
serious allegations for the commission of offences
punishable under Section 395 IPC have been levelled
against the present applicant-accused, therefore, he is
required for custodial interrogation. Hence, without
commenting upon the merits of the case, having
regard to the totality of the facts and circumstances of
the case including the gravity of the offence, this
Court do not deem it a fit case to grant anticipatory
bail to the applicant-accused. Accordingly, the
anticipatory bail application filed by the applicantaccused
stands dismissed. File be consigned to the
record room after due compliance.”
It is a well settled procedure of law that while passing on order
or a judgment, a Judge is required to notice the facts of the FIR; the role of
the person seeking bail/anticipatory bail; his antecedents and the gravity of
offence committed and then form an opinion in the light of the guidelines
given by Hon’ble Surpeme Court in number of judgments regarding granting
or dismissing the bail/anticipatory bail.
The manner in which the order has been passed only reflects
that the Additional Sessions Judge, Gurugarm has noticed that since the
offence is under Section 395 of the IPC, which is serious offence, therefore,
custodial interrogation is required. On the face of it, this order is passed
against the settled norms.
The brief facts of the case are that the FIR was registered at the
instance of complainant-Chandan Kumar that he is a pizza delivery boy at
Tossin Pizza and on 14.07.2020, he had gone to a house for delivering pizza
where 05 boys were present. On seeing him, they started abusing him by
saying that he has come very late and they snatched the pizza from him as
well as his motorcycle. Thereafter, the complainant gave an information to
the police. When the police reached at the spot, four boys had already fled
away with the motorcycle, whereas, 5th boy namely Prince was arrested at
the spot and during investigation, he suffered a disclosure statement giving
name of the other person as Aakash, who was later on arrested.
Learned counsel for the petitioner further submits that one of
the co-accused Sonu has applied for anticipatory bail before this Court and
on 24.09.2020 noticing the allegation in the FIR, he was granted the
concession of interim bail, which was later on confirmed on 14.01.2021 in
CRM-M-29470-2020.
Learned counsel for the petitioner further submits that
co-accused Sonu, Mohit and Aakash, who were arrested, have already been
released on regular bail.
Notice of motion.
Mr. Deepak Kumar Grewal, DAG, Haryana, who is also
appearing through video conferencing, accepts notice on behalf of the
respondent-State.
Learned State counsel does not dispute the factual position that
the allegations are regarding snatching of a pizza and the motorcycle which
were recovered from the co-accused who have already been arrested.
List on 12.08.2021.
Meanwhile, in the event of arrest, the petitioner be released on
interim bail subject to his furnishing personal bonds and surety to the
satisfaction of Arresting/Investigating Officer. However, the petitioner shall
join the investigation as and when called upon to do so and shall abide by
the conditions as provided under Section 438 (2) Cr.P.C.
In the meantime, the Director, Chandigarh Judicial Academy,
Chandigarh is directed to look into the matter and issue appropriate
directions to the judicial officers about the manner by which, while passing
an order on bail application, the facts in the FIR need to be reflected before
forming an opinion whether bail/anticipatory bail is to be granted or
declined.
08.07.2021
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