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High Court of Punjab and HaryanaCRM-M/5016/2020allowed

Akashdeep Singh v. State Of Punjab

2020-03-03Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-5016-2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-5016-2020 (O&M).

Decided on: March 03, 2020.

Akashdeep Singh .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

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

Mr.Ajay Pal Singh Gill, DAG, Punjab.

JASGURPREET SINGH PURI , J. (ORAL ) Petitioner has filed the present petition under Section 439 Cr.P.C. for grant of regular bail pending trial in case FIR No.306 dated 22.10.2019, under Section 379-B IPC, registered at Police Station City, Kapurthala.

Learned counsel for the petitioner has, inter alia, argued that in the present case the petitioner was not named in the FIR and he has been nominated during the course of investigation. He has further stated that RAJ KUMAR ARORA 2020.03.04 17:32 I attest to the accuracy and integrity of this document

CRM-M-5016-2020 (O&M) the petitioner has wrongly been roped up in the present FIR. Even otherwise also the investigation in the present case is complete. He has further stated that the alleged recovery has already been effected with regard to mobile of the complainant. The petitioner is in custody since 21.12.2019 and he is not involved in any other case. It is submitted that co-accused of the petitioner has been granted the concession of bail.

Per contra. learned State counsel, on instructions from ASI Bagga Singh, states that the recovery has already been effected and investigation of the present case is also complete. He has not disputed the custody period of the petitioner. He also does not dispute that the petitioner is not involved in any other case.

Considering the totality of circumstances and the fact that similarly situated co-accused of the petitioner has been granted the concession of bail, I deem it appropriate to grant the benefit of bail to the petitioner. Consequently, the present petition is allowed. It is ordered that the petitioner shall be released on regular bail on his furnishing bail bond/surety to the satisfaction of the learned trial Court. However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant for the purpose of deciding the present petition only. March 03, 2020.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No RAJ KUMAR ARORA 2020.03.04 17:32 I attest to the accuracy and integrity of this document