Lakhwinder Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11944-2022 (O&M) Date of decision: 08.07.2022 LAKHWINDER SINGH

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Ranjit Singh Sidhu, Advocate for the petitioner.

Mr. Harbir Sandhu, AAG Punjab.

**** HARNARESH SINGH GILL , J.

(ORAL) Through this petition, the petitioner seeks regular bail in case bearing FIR No.162 dated 13.12.2019, registered at Police Station Moonak, District Sangrur, under Sections 307, 353, 186, 224, 130, 332, 148, 149 and 120-B IPC, Section 25 of the Arms Act, 1959 and Sections 201 and 411 IPC (added later on).

Status report by way of an affidavit dated 06.07.2022 of the Deputy Superintendent of Police, Sub-Division Moonak, filed on behalf of the respondent-State, in the Court, is taken on record. Learned counsel for the petitioner submits that on 12.12.2021, the petitioner was arrested in FIR No.256 dated 12.12.2021; that, thereafter, the petitioner was arrested in the present case and granted regular bail and had been regularly appearing before the trial Court; that at one occasion, he could not appear before the trial Court due to some AMAN JAIN 2022.07.11 18:31 I attest to the accuracy and authenticity of this order/judgment

CRM-M-11944-2022 (O&M) -2unavoidable circumstances, following which his bail was cancelled and bail/surety bonds were forfeited to the State and that the petitioner himself surrendered before the trial Court on 06.03.2022 and since then, he has been in custody.

On the other hand, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel submits that since the petitioner, after getting the concession of bail, has jumped it, he does not deserves the same concession again. He, however, does not dispute the custody period of the petitioner. He further submits that there are six more cases registered and/or pending against the petitioner, out of which the petitioner stands acquitted in two cases and convicted in one. I have heard the learned counsel for the parties. Admittedly, the petitioner was initially granted regular bail by a Coordinate Bench of this Court. The petitioner himself surrendered before the trial Court and has been in custody since 06.03.2022. Prosecution evidence is yet to conclude.

In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars. In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.

08.07.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No AMAN JAIN 2022.07.11 18:31 I attest to the accuracy and authenticity of this order/judgment