Gurpeet Singh v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-10267-2021 (O&M) Date of Decision:- 14.10.2021 Gurpreet Singh ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-M-17291-2021 (O&M) Shubham alias Gopi ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. C.L.Verma, Advocate, for the petitioner in CRM-M-10267-2021.

Mr. Naveen Batra, Advocate, for the petitioner in CRM-M-17291-2021.

Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Davinder Singh.

***** GURVINDER SINGH GILL, J . (Oral)

- 2 - 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Gurpreet Singh and Shubham @ Gopi, seek grant of regular bail in a case registered vide FIR No. 257, dated 9.10.2020, Police Station Division No.6, Ludhiana, District Ludhiana, under Section 394 IPC, Sections 25/54/59 of Arms Act (Section 120-B IPC added later on).

2.

The allegations, in nutshell are that on 09.10.2020 complainantSandeep Jain who is working as Manager at Rattan Fabrics 707, Industrial Area-A Ludhiana, at about 6.00 P.M, while driving his scooty Make Maestro bearing No. PB-10-FZ-8390 had reached opposite ATI College Gill Road. He was having an amount of Rs.3,42,000/- placed in a bag in the dickey of scooty. In the meanwhile, a Verna Car of white colour came from backside and hit his scooty Maestro and he fell down towards left side alongwith his scooty. Three clean shaven persons came out from the said car. Two of them were armed with datars and one of them was having a pistol type arm in his hand. The persons who were armed with datars gave blow to him and injured him and one of them snatched his scooty and ran towards Gill Chowk and the remaining persons also fled away in their car.

Complainant informed his employer telephonically about the said incident. The complainant, who was injured was taken to ESI hospital, Ludhiana. On the basis of his statement, an FIR was recorded and the investigation in the case started. On 10.10.2020 the scooty snatched by the accused was recovered. On 18.10.

- 3 - disclosed the name of accused as Gurpreet Singh @ Gopi working as cashier in Jindal Textile Firm and his co-accused as Shubham Gopi, Sanjeev Kumar @ Sanju Baman, Mohit Sharma and Toti. On the basis of his supplementary statement, the offence under Section 120B was also added lateron. Said accused were arrested in this case on 19.10.2020 and an amount of Rs.1,40,000/- out of the snatched amount along with car used in the instant crime were recovered from the accused.

3.

Learned counsel for the petitioners state that the petitioners are not named in the FIR and no specific role has been attributed to them. The petitioners do not have any past criminal record and the trial of the case will take considerable time. The challan in this case is said to have been filed. It has further submitted that co-accused Mohit and Deepak have already been granted the concession of bail by this Court.

4.

Opposing the petition, learned State counsel has submitted that petitioner Gurpreet Singh has been behind bars since the last about 1 year while the other accused Shubham has been behind bars for the last about 10 months. Learned State counsel has further submitted that the petitioners are not involved in any other case. 5.

I have considered rival submissions addressed before this Court. 6.

The petitioners in any case have been behind bars for a substantial period and identically situated co-accused had already been released on bail. The petitioner otherwise has a clean record as no other case is pending against him. Since conclusion of trial will consume time,

- 4 - further detention of the petitioners will not serve any useful purpose. The petitions, as such are accepted and the petitioners are ordered to be released on bail subject to their furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

7.

It is hereby clarified that the aforesaid order shall enure offences under Section 201, 411 and 324 IPC as well.

8.

A photocopy of this order be placed on the file of each connected case.

14.10.2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No