High Court of Punjab and HaryanaCRM-M/2673/2021allowed

Shyam Rattan v. State Of Haryana

2021-01-25Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2673-2021 (O&M) Date of Decision:- 25.01.2021 Shyam Rattan ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vikas Gulia, Advocate for the petitioner. Mr. Kirpal Singh Thakur, AAG, Haryana assisted by ASI Rana Partap.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral)

1. The petitioner seeks grant of regular bail in a case registered against him vide FIR No. 290 dated 21.9.2020 under Sections 379A/34 IPC at Police Station Industrial Sector-29 Panipat, District Panipat.

2. The FIR was lodged at the instance of Mohammad Islam wherein it is alleged that on 12.09.2020 while he was standing on the road, three persons came on a motorcycle and snatched his mobile phone and also snatched an amount of ` 13,500/- which he was having in his pocket.

3. The learned counsel for the petitioner has submitted that he is no where named in the FIR and has falsely been implicated as an accused subsequently on the basis of an alleged confession made by him when they came to be arrested in connection with another case i.e. FIR No. 270 dated 13.09.2020, Police Station, Sector 13-17, Panipat. MOHAN SINGH 2021.01.25 18:40 I attest to the accuracy and integrity of this document

CRM-M-2673-2021 (O&M)

4. Opposing the petition, learned State counsel has submitted that since the petitioner himself admitted his guilt and he alongwith co-accused got recovered the snatched mobile and also an amount of ` 500/-, therefore, his complicity in the entire occurrence is clearly evident. It has been informed that the petitioner as on date has been behind bars since the last 3 months and 15 days and till date no PW has been examined.

5. I have considered rival submissions addressed before this Court.

6. Having regard to the nature of allegations and the fact that challan already stands presented and the petitioner has been behind bars since the last 31⁄2 months and till date not even a single PW has been examined, further detention of the petitioner will not serve any useful purpose.

7. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 25.01.2021 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.01.25 18:40 I attest to the accuracy and integrity of this document