Ujjwal Hans v. State Of Punjab

2024:PHHC:008811 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-2443-2024 (O&M) Date of Decision:-23.1.2024 Ujjwal Hans ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vaibhav Narang, Advocate for the petitioner. Mr. Sanish Girdhar, AAG, Punjab, assisted by ASI Gurcharan.

***** FIR No.

Dated Police Station Section/s 7.8.2023 Sadar Amritsar, District Police Commissionerate Amritsar 379-B(2), 148 and 149 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of the aforementioned FIR. 2.

The allegations, in nutshell, are that 7 young persons, who were travelling on motorcycles and an Activa Scooter had snatched the motorcycle of the complainant as well as 2 mobile phones.

3.

Learned counsel for the petitioner submitted that the petitioner is nowhere named in the FIR and came to be nominated as an accused pursuant to Pankaj Kakkar 2024.01.23 17:46 I attest to the accuracy and authenticity of this document

CRM-M-2443-2024 (O&M) ( 2 ) 2024:PHHC:008811 disclosure statement allegedly made by Kunal @ Lutas. It has been submitted that it is from Kunal @ Lutas that the allegedly snatched motorcycle was recovered.

4.

Opposing the petition, learned State counsel has submitted that since the stolen mobile phone was recovered from the petitioner, his complicity is clearly evident. It has further been informed that the petitioner also stands involved in 4 other cases. Learned State counsel has also informed that although 16 PWs have been cited, but none has been examined till date. 5.

This Court has considered rival submissions addressed before this Court. 6.

It is not in dispute that the petitioner came to be nominated as an accused pursuant to a disclosure statement made by co-accused. The admissibility and veracity of such statement would be debatable. Conclusion of trial is likely to consume time inasmuch not even a single PW out of the cited 16 PWs has been examined till date. In these circumstances, further detention of the petitioner will not serve any useful purpose. The instant 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. 23.1.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.01.23 17:46 I attest to the accuracy and authenticity of this document