High Court of Punjab and HaryanaCRM-M/12670/2021allowed

Jasbir Singh Alias Lucky v. State Of Punjab

2021-09-10Mr. Justice Raj Mohan Singh2 pages

CRM-M-12670-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video-conferencing) CRM-M No.12670 of 2021 Date of Decision: 10.09.2021 JASBIR SINGH ALIAS LUCKY .....Petitioner Vs STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Shivinder Pal Singh, Advocate for Mr. B.S. Bhalla, Advocate for the petitioner.

Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.151 dated 22.07.2020 registered under Sections 379-B, 411, 34 IPC at Police The FIR was lodged on the basis of secret information. Perusal of the FIR would show that the same has been registered on the pattern of lodging FIRs in the NDPS cases. The alleged offences incorporated in the FIR are under Sections 379-B, 411, 34 IPC.

Learned State counsel on instructions from ASI Gopal Singh submits that the offence under Section 379-B IPC has MOHMED ATIK 2021.09.10 17:46 I attest to the accuracy and integrity of this document

CRM-M-12670-2021 been deleted at the time of filing of challan. In view of aforesaid remaining substantive offence would be Section 411 IPC. Recipient of booty subject matter of theft in the absence of theft would remain debatable. It has been alleged that mobile has been recovered from the petitioner. There is no FIR of theft regarding said mobile. Co-accused namely Gurpreet Singh @ Sonu has been granted regular bail vide order dated 27.10.2020 passed in CRM-M No.32995 of 2020. Similarly co-accused Jaskaran Singh has also been granted regular bail by this Court vide order dated 03.12.2020 passed in CRM-M No.39635 of 2020. Petitioner is in custody since 22.07.2020. In view of aforesaid status of the case, I deem it appropriate to enlarge the petitioner on regular bail without observing anything on merits of the case.

In view of above, petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate.

Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case. (RAJ MOHAN SINGH) September 10, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHMED ATIK 2021.09.10 17:46 I attest to the accuracy and integrity of this document