Gursewak Singh v. State Of Punjab

215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-11783-2023 Date of Decision: March 15, 2023 GURSEWAK SINGH ........ Petitioner

Versus

STATE OF PUNJAB ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Sharad Mehra, Advocate for the petitioner.

Mr. Amit Shukla, AAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 439 Cr.P.C., prayer has been made for grant of regular bail pending trial in case FIR No.99 dated 28.05.2022 registered at P.S. Beas, District Amritsar, under Sections 379-B(2) and 34 IPC.

Learned counsel for petitioner submits that the petitioner is already behind the bars for a period of almost 8 months and the investigation already stands concluded with the filing of challan followed by framing of charges on 14.12.2022 and out of 12 witnesses as cited by the prosecution none has been examined so far. Learned counsel further submits that the trial is likely to take some time, besides it, the petitioner was implicated on the basis of disclosure made by his coaccused who have already been granted concession of regular bail by this Court vide orders Annexure P-3 and P-4, passed in CRM-M-13562023 and CRM-M-3184-2023 decided on 16.01.2023 and 25.01.2023 respectively.

TEJWINDER SINGH 2023.03.16 09:35 I attest to the accuracy and integrity of this document

CRM-M-11783-2023 -2On the other hand, learned State counsel has opposed the prayer made in present application while submitting that there are two other cases pending against petitioner.

I have heard learned counsel for parties and gone through the paper-book. I find substance in the submissions made on behalf of learned counsel for petitioner.

In the present case, the fact that the investigation already stands concluded besides framing of charges, even none of the prosecution witness has been examined so far, trial is likely to take some time whereas the petitioner has already been suffering incarceration for more than 8 months now, besides it, he was named by his co-accused who have already been granted concession of regular bail by this Court vide Annexure P-3 and P-4, no useful purpose would be served by extending his incarceration.

Without commenting upon merits of present petition, the same is allowed subject to furnishing of adequate bail bonds/surety bonds by the petitioner to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

15.03.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.03.16 09:35 I attest to the accuracy and integrity of this document