Bant Ram Alias Banta v. State Of Punjab

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-7583-2021 (O&M).

Decided on: July 12, 2021.

Bant Ram @ Banta .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Vijay Sharma, Advocate, for the petitioner.

Mr.Randhir Singh Thind, DAG, Punjab.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 439 of the Code of Criminal Procedure, seeking regular bail in FIR No.120 dated 17.05.2019, under Sections 302, 324, 323, 506, 148, 149 and 120-B registered at Police Station Civil Lines Patiala, District Patiala. Status report filed by way of affidavit of Deputy Superintendent of Police, City - I, Patiala, is taken on record. Learned counsel for the petitioner has submitted that in

the present case the petitioner is in custody since 17.5.2019 which is almost more than two years. He has submitted that investigation of the case is complete and challan stands presented and thereafter, charges have also been framed on 6.4.2021. He has further submitted that in the present case even as per the FIR itself, the alleged role attributable to the petitioner is that he had given spade handle blow on the right thigh of the deceased. He has submitted that other similarly situated co-accused namely Manjit Singh has been granted regular bail vide CRM-M-30584-2020 decided on 7.10.2020 (Annexure P-5) and Ajay has been granted the concession of regular bail vide CRM-M-33524-2020 on 11.1.2021 (Annexure P-4) and the present petitioner is on parity with the aforesaid two co-accused. He has further submitted that the petitioner is not involved in any other case and therefore, considering the long custody of the petitioner, he may be granted the concession of regular bail.

Learned State counsel, on instructions from ASI Pawan Kumar has submitted that it is correct that the petitioner is in custody since 17.5.2019 and the petitioner is on party with the aforesaid two co-accused. I have heard the learned counsel for the parties. In the present case the petitioner is in custody since 17.5.2019 and the investigation of the case is already complete and challan stands presented. The charges have already been framed. The other coaccused have also been granted bail vide Annexures P-4 and P-5. Therefore, considering the totality of the circumstances of the present case, this Court deems it fit and appropriate to admit the

petitioner on bail. Consequently, the present petition is allowed. It is ordered that the petitioner shall be released on bail on his furnishing bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate concerned.

However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant only for the purpose of decision of present petition. July 12, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No