Dilpreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 02.03.2020 Dilpreet Singh ....Petitioner

Versus

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

Mr. Harsh Chopra, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

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.316 dated 07.09.2019, for offence punishable under Sections 370, 420, 508, 511 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Phillaur, District Jalandhar. Counsel for the petitioner has argued that as per the allegations in the FIR, registered at the instance of Manjit Kaur, it is stated that she is working as a Labourer in a private factory and on on 04.09.2019, a lady of her village namely Laxmi with her relative namely Harpreet Kaur and mother of Harpreet Kaur namely Kuldeep Kaur came to her house in her absence and her daughter was alone at that time in the house. Thereafter, they had shown to her a video of one Baba in which he was throwing currency notes from inside the house and from the roof by chanting religious words and they allured her daughter that if she go to the Baba at Delhi, she can earn a lot of money.

On this, her daughter got frightened and sent the ladies to her father, who send them to her workplace. Thereafter, apprehending that the ladies might involve the daughter of the complainant in an illegal act, the FIR was registered.

Counsel for the petitioner has further argued that the petitioner was not named in the FIR and he is son of the co-accused Kuldeep Kaur, who has already been granted the concession of regular bail vide order dated 19.12.2019 passed in CRM-M No.53748 of 2019. It is further submitted that even another co-accused of the petitioner namely Laxmi has also been granted the concession of regular bail vide order dated 28.01.2020 passed in CRM-M No.2931 of 2020. Counsel for the petitioner has also submitted that challan stands presented; charges have been framed and it will take long time in conclusion of the trial. It is also submitted that the petitioner is not involved in any other case.

Counsel for the State, on instructions from SI Kulwinder Kumar, has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that two of the co-accused of the petitioner namely Kuldeep Kaur and Laxmi, have already been granted the concession of regular bail; challan stands presented; charges have been framed; the petitioner is not involved in any other case; the custodial interrogation of the petitioner is not required and the conclusion of the trial will take some time, 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) 02.03.2020 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No