Sikander Singh v. State Of Punjab

2024:PHHC:027382 [226]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-9446-2024 Date of Decision : 27.02.2024 Sikander Singh

...Petitioner

versus State of Punjab ....Respondent Coram :

HON'BLE MR. JUSTICE DEEPAK GUPTA Present :

Mr. Vipan Kumar Sharma, Advocate for the petitioner. *** DEEPAK GUPTA, J. (ORAL) [1] The petitioner is seeking regular bail by way of petition filed under Section 439 Cr.P.C in case FIR No.122 dated 24.05.2013 under Sections 467, 468, 471, 473, 420, 419 and 120-B of IPC, registered at Police Station Chheharta, Amritsar, District Amritsar. [2] Learned counsel contends that FIR pertains to the year 2013. Petitioner had been earlier allowed bail. He could not appear on 01.07.2022, due to which his bail was cancelled and warrants were issued. Later on, he was declared proclaimed offender vide order dated 12.09.2022.

[3] Learned counsel further contends that he has surrendered in the Court on 13.10.2023 and ever since then he is in custody. [4] Learned counsel for the petitioner further contends that in fact, petitioner had met with an accident on 05.04.2021 and even the fracture was caused to him. He has placed on record copy of the medical document in this regard. He has also placed on record copy of the OPD card issued by PGIMER, Chandigarh dated 14.02.2022, showing that he was found to be HCV positive, consequent to the accidental injuries. RAJNEESH SHARMA 2024.02.27 23:03 I attest to the accuracy and integrity of this document

2024:PHHC:027382 CRM-M-9446-2024 -2- [5] Notice of motion.

[6] Mr. Amandeep Singh Sandhu, learned DAG, Punjab, accepts notice on behalf of the respondent.

[7] Learned State Counsel could not refute the aforesaid contentions. It is also conceded by learned State Counsel that case in question is triable by the Magistrate and that petitioner is not involved in any other case.

[8] Petitioner is in custody since 13.10.2023 i.e. for the last more than 04 months. Trial may take time to conclude. [9] Having regard to the above facts and circumstances, but without commenting anything further on the merits of the case, this petition is allowed and petitioner is admitted to bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, on usual terms and conditions.

(DEEPAK GUPTA) JUDGE 27.02.2024 'Rajneesh'

Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No RAJNEESH SHARMA 2024.02.27 23:03 I attest to the accuracy and integrity of this document