Manvir Singh Alias Manna v. State Of Punjab
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M No. 11852 of 2024
Reserved on: 07.08.2024
Pronounced on: 30.08.2024 Manvir Singh @ Manna
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Rishu Mahajan, Advocate for the petitioner.
Mr. Sukhdev Singh, A.A.G., Punjab.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 11.12.2023 Division No.6, 379-B IPC Jalandhar 1.
The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, 1973, seeking regular bail. 2.
Per paragraph 11 of the bail application and custody certificate dated 01.05.2024, the accused has the following criminal antecedents: Sr. No.
FIR No.
Date Offenses Police Station 1.
27.07.2023 Under Sections 379-B, 420 IPC Phillaur 2.
27.07.2023 Under Section 379-B IPC Goraya 3.
27.07.2023 Under Section 379-B IPC Goraya 3.
Facts of the case are being taken from reply dated 23.07.2024 which reads as under:
"4. That the complainant stated that she is posted as a teacher at Senior Secondary School, Mithapur, Jalandhar. She further stated that on 11.12.2023, she was going to Model Town Market for taking household articles and when she reached near Rana Hospital, one boy came on a motorcycle, who fled away from the spot after snatching her purse.
-25. That the complainant further stated that when she raised hue and cry, people gathered at the spot and apprehended the said boy and her purse mark 'FOSSIL' was recovered from him. Lastly, the complainant prayed for taking action against the culprits. On the basis of the statement of the complainant, FIR was registered. 4.
The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
5.
The State opposes bail.
6.
As per custody certificate dated 06.08.2024, the petitioner's total custody in this FIR is 07 months and 24 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order.
7.
Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.
8.
Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.
9.
While furnishing a personal bond, the petitioner shall mention the following personal identification details:
1.
AADHAR number 2.
Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.
3.
Mobile number (If available) 4.
E-Mail id (If available) 10.
This order is subject to the petitioner's complying with the following terms. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the
-3case or dissuade them from disclosing such facts to the Police or the Court. 11.
Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 12.
A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 13.
Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 30.08.2024 Whether speaking/reasoned:
Yes Whether reportable:
No.