Gurpreet Singh Alias Gopi Alias Sintu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : July 17, 2024 Gurpreet Singh @ Gopi ....Petitioner

VERSUS

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Veneet Sharma, Advocate, for the petitioner Mr. Sahil R. Bakshi, AAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

Through the instant petition filed under Section 439 Cr.P.C. the petitioner prays for grant of regular bail in case FIR No. 140 dated 3.12.2023, under Sections 379-B(2), 201, 411, 34 IPC registered at Police Station Khilchian, Amritsar Rural, District Amritsar. 2.

The instant FIR has been registered on the statement made by SI Hapreet Kaur, to the extent that one person who has muffled his face after coming on motorcycle snatched her bag, which was carrying various documents, and the valuable articles. During investigation, the present petitioner, and one Karandeep Singh alias Karan were apprehended on 7.12.2023, and the articles which were snatched were recovered. During investigation, the accused made disclosure statement that the snatching was

done by co-accused Karandeep Singh alias Karan, and the present petitioner did rickie and thereupon, after committing snatching, they both fled away on the motorcycle.

3.

Learned counsel for the petitioner in asking for the relief of grant of regular bail submits that, there is no allegation against the petitioner that he did the snatching. In fact, the allegations are against the co-accused who is still behind the bars. He further submits that the petitioner has clean antecedents, and is not involved in any other case. Finally, he submits that though the final report has been filed before the learned trial court concerned, however, there is no cogent evidence with the prosecution to connect the present petitioner with the crime. 4.

The learned State counsel has filed custody certificate, which is taken on record. The custody certificate reflects that the petitioner has undergone incarceration of 5 months and 6 days as on today, and he is not involved in any other criminal case. The learned State counsel, on instructions imparted to him by ASI Satpal Singh, further informed that final report has been filed on 6.3.2024, but the charges are yet to be framed and in the final report, total 13 witnesses have been cited by the prosecution.

5.

Considering the period of incarceration, and the role attributed to the present petitioner as well as the stage of trial, this Court deems it fit, and appropriate to enlarge the petitioner on regular bail, subject to the condition that the petitioner shall furnish fresh bail bonds to the satisfaction

of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate, within 7 days from today. The present petition is allowed. 6.

However, anything observed here-in-above shall have no effect on the merits of the case and is meant for deciding the present petition only. ( KULDEEP TIWARI ) July 17, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No