High Court of Punjab and HaryanaCRM-M/1192/2021allowed

Tarsem Singh v. State Of Punjab

2021-01-14Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1192-2021 Decided on : 14.01.2021 Tarsem Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Arshdeep Singh Brar, Advocate for the petitioner(s).

Mr. H.S. Sitta, AAG, Punjab assisted by ASI Malkit Singh.

**** MANJARI NEHRU KAUL, J. (Oral) Instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 161, dated 09.08.2017, under Sections 420, 406 IPC, registered at Police Station City Moga, District Moga. Learned counsel for the petitioner submits that the petitioner, who has been in custody since 02nd December, 2019, has been implicated in the case in hand on the basis of fabricated allegations. He has further submitted that till date only charges have been framed and the case, which is triable by a Magistrate is unlikely to conclude in the near future. Hence, the petitoner may be extended the concession of regular bail.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from ASI Malkit Singh, has apprised the Court that as many as 16 prosecution witnesses have been cited in the challan presented before the trial Court. The prosecution evidence is likely to commence on the next date of hearing before the trial Court i.e. on 18.01.2021.

JAWALA RAM 2021.01.14 14:27 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-1192-2021 - 2 - Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE January 14, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.01.14 14:27 I attest to the accuracy and authenticity of this document Chandigarh