High Court of Punjab and HaryanaCRM-M/1239/2019allowed

Mandeep Singh v. State Of Punjab

2019-01-17Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.1239 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.1239 of 2019 Decided on: 17.01.2019 Mandeep Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Amandeep Singh Cheema, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

Mr. Pardeep Kumar, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.73 dated 03.11.2018, for offence punishable under Sections 307/34 of the Indian Penal Code (in short 'IPC'), 25 and 27 of the Arms Act, registered at Police Station Sadar Budhlada, District Mansa.

Counsel for the petitioner has submitted that the matter has been amicably resolved between the petitioner and the complainant. It is also submitted that the petitioner is not involved in any other case, he is in judicial custody since 05.11.2018 and conclusion of the trial will take some time.

Counsel for the State has filed the Custody Certificate today in the Court and has not disputed the factual position but opposed MOHD YAKUB 2019.01.17 17:24 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.1239 of 2019 the prayer for bail. It is further submitted that challan is yet to be presented before the trial Court and the petitioner is not involved in any other case.

Counsel for the complainant has not disputed the aforesaid submissions made by counsel for the petitioner and admitted the factum of compromise arrived at between the parties. Without commenting anything on merits of the case, considering the fact that the petitioner is not involved in any other case; he is in judicial custody since 05.11.2018 and it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 17.01.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.01.17 17:24 I attest to the accuracy and authenticity of this document High Court, Chandigarh