P&H HC | Bail granted on grounds of parity with co-accused and investigation qua applicant already completed

Punjab and Haryana High Court: Manoj Bajaj, J., allowed a regular bail application on the ground that the co-accused was also on bail. 

A bail application was made for the grant of regular bail where the offence under Sections 420, 406 and 120-B of the Penal Code, 1860 were registered. 

The brief facts of the case were that the complaint was made herein it was alleged that the complainant was taking a round of the sugar mill when he saw the driver of the tractor-trolley was reversing from the weighing bridge. When inquired regarding the weight, the driver told that the empty trolley was not being weighed on the said machine but the receipt when checked; it was found that he was lying and the receipt was false. The matter was inquired and it was disclosed that he along with Ajay Kumar who was working in the Sugar Mill and some other persons were involved in causing wrongful loss to the Sugar Mill for their gain.

Mukesh Singh, brother of the petitioner submitted that the co-accused, namely Ajay Kumar Sharma, already stands released on regular bail by this Court. It was further revealed that had suffered a confessional statement before the police wherein it was mentioned that he was allegedly involved in five such weighments of the vehicles and a sum of Rs 10,000 came to his share. Thus a prayer that the petitioner be released on regular bail was made.

The court opined that the “investigation qua the petitioner is complete and the trial is likely to consume some time, further detention of the petitioner may not be justified” Thus the petitioner was released on bail subject to furnishing requisite bail bonds and surety bonds to the satisfaction of the trial court. [Ankit Sharma v. State of Haryana, 2019 SCC OnLine P&H 1369, decided on 06-08-2019]

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