High Court of Punjab and HaryanaCRM-M/11751/2018allowed

Amandeep Singh @ Amna v. State Of Punjab

2018-05-31Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.11751 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.11751 of 2018 Decided on: 31.05.2018 Amandeep Singh @ Amna ....Petitioner

Versus

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

Mr. H.S. Jalal, 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.52 dated 16.04.2015, for offence punishable under Sections 307, 323, 336, 353, 186, 506, 325, 148, 149, 188, 120-B of the Indian Penal Code (in short 'IPC'), 25/54/59 of the Arms Act and 540 of the Jail Manual Act, registered at Police Station Civil Lines, Bathinda, District Bathinda.

Counsel for the petitioner has submitted that the petitioner was granted regular bail by the Additional Sessions Judge, Bathinda vide order dated 30.07.2015. It is further submitted that later on, the petitioner was attending the Court proceedings, however, he defaulted on one date of hearing and was declared as proclaimed offender on 13.09.2016 and, thereafter, he surrendered before the trial Court on 16.01.2018 and since then, he is in judicial lock up. It is also submitted that conclusion of the trial is likely to take some time. Counsel for the State, on instructions from HC Prem Mohd. Yakub 2018.05.31 18:28 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.11751 of 2018 Kumar and on the basis of the Custody Certificate has not disputed the factual position but opposed the prayer for bail. Without commenting anything on merits of the case and considering the fact that the petitioner was already on bail; presently, he is in judicial lock up since 16.01.2018 and also in view of the fact that no subsequent FIR is registered against the petitioner, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail bonds and 02 heavy sureties 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, if the petitioner is found misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 31.05.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.05.31 18:28 I attest to the accuracy and authenticity of this document Chandigarh