High Court of Punjab and HaryanaCRM-M/8557/2020allowed

Ravi Kumar v. State Of Punjab

2020-03-13Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-8557-2020 Decided on : 13.03.2020 Ravi Kumar . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Saurabh Arora, Advocate for the petitioner(s).

Ms. Bhavna Gupta, DAG, Punjab assisted by ASI Swaran Singh.

**** MANJARI NEHRU KAUL , J.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 294, dated 19.09.2018, under Sections 323, 354, 365, 511, 506, 147, 149 IPC, registered at Police Station City Rajpura, District Patiala.

It has been inter alia contended that the petitioner is not the main accused and has been falsely implicated in the FIR in question. On the alleged date of occurrence i.e. 18.09.2018, the petitioner was at his workplace at Parwanoo, Himachal Pradesh and the said fact stood proved from the attendance register (Annexure P-7), which also reflected his being presennt at Parwanoo on the date of occurrence. It has been further submitted that similarly situated co-accused already stood released on regular bail vide orders dated 01.11.2018 and 15.11.2018 of the learned trial Court, Rajpura. It was submitted that since the trial Court was unlikely to conclude in the near future and the petitioner had been behind the bars since 06.01.2020, he be extended the concession of regular bail. Learned State counsel on the other hand while opposing the JAWALA RAM 2020.03.13 18:24 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-8557-2020 - 2 - grant of concession of regular bail to the petitioner, has not been able to controvert the fact that the petitioner is not the main accused and similarly situated co-accused have since been released on regular bail by the learned trial Court, Rajpura.

Heard.

Having considered the submissions made by either side, the petitioner has been behind bars admittedly since 06th January, 2020. Hence, no useful purpose would be served in keeping the petitioner behind bars as the trial is unlikely to conclude in the near future. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed herein shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE March 13, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.03.13 18:24 I attest to the accuracy and authenticity of this document Chandigarh