High Court of Punjab and HaryanaCRM-M/6315/2019allowed

Inderjeet Singh v. State Of Punjab

2019-05-02Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.6315 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.6315 of 2019 Decided on: 02.05.2019 Inderjeet Singh ....Petitioner

Versus

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

Mr. Vinod K. Kaushal, 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.245 dated 16.12.2018, for offence punishable under Section 379-B of the Indian Penal Code, 1860 (in short 'IPC'), registered at Police Station Islamabad, Police Commissionerate Amritsar, District Amritsar.

Counsel for the petitioner has submitted that the victim i.e. PW2 - Ravneet Kaur has not supported the prosecution version and rather in the cross-examination, she has stated that she has seen the accused/petitioner for the first time in the Court and at the place of occurrence, she has not seen the accused. It is further submitted that since the complainant/victim has not supported the prosecution version, there is no possibility of winning over any of the prosecution witness and only the official witness remain to be examined. It is also submitted MOHD YAKUB 2019.05.02 16:00 I attest to the accuracy and authenticity of this document.

Punjab and Haryana High Court, Chandigarh.

CRM-M No.6315 of 2019 that the petitioner is the first offender and he is in custody since 16.12.2018 and it will take some time in conclusion of the trial. Counsel for the State, on instructions from ASI Gurpreet Singh, has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the complainant has not supported the prosecution version; the petitioner is the first offender and he is in custody since 16.12.2018 and conclusion of the trial is likely to 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) JUDGE 02.05.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.05.02 16:00 I attest to the accuracy and authenticity of this document.

Punjab and Haryana High Court, Chandigarh.