High Court of Punjab and HaryanaCRM-M/10084/2018allowed

Kulwant Singh @ Kallu v. State Of Punjab

2018-03-15Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.10084 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.10084 of 2018 Decided on: 15.03.2018 Kulwant Singh @ Kallu ....Petitioner

Versus

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

Mr. Sarbjit Singh, Advocate for the petitioner.

Mr. Abhay Pal Singh Gill, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner in FIR No.157 dated 20.07.2017, for offence punishable under Section 379-B of the Indian Penal Code (in short 'IPC'), registered at Police Station Sultanwind, Amritsar, District Amritsar. Counsel for the petitioner has submitted that the petitioner was not named in the FIR and is implicated in the present FIR on the basis of the disclosure statement suffered by Sukhdeep Singh @ Sajan. It is further submitted that the petitioner is not involved in any other case. Counsel for the petitioner has further submitted that the petitioner is a young man aged about 22 years and is in custody since 09.10.2017, the challan has already been presented and no prosecution witness has been examined so far and, thus, conclusion of the trial will take long time.

Counsel for the State has filed the custody certificate today Mohd. Yakub 2018.03.16 16:03 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.10084 of 2018 in the Court, according to which the petitioner is in judicial custody for the last 05 months and 05 days. Counsel for the State, on instructions from ASI Davinder Singh, has submitted that co-accused of the petitioner is involved in one another FIR, however, there is no other FIR pending against the petitioner.

Without commenting anything on merits of the case and considering the fact that the petitioner is not involved in any other case and is in judicial custody for the last 05 months, the petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate. However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 15.03.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.03.16 16:03 I attest to the accuracy and authenticity of this document Chandigarh