High Court of Punjab and HaryanaCRM-M/18614/2018allowed

Sandeep Kumar @ Lala v. State Of Punjab

2018-09-05Mr. Justice Augustine George Masih2 pages

CRM-M-18614 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-18614 of 2018 Date of Decision: 05.09.2018 Sandeep Kumar @ Lala ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Ms. Anjali Khosla, Advocate for the petitioner.

Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.145 dated 03.05.2003 registered for offences punishable under Sections 307/326/324/323/34 of Indian Penal Code (for short, "IPC") at Police Station Banga, District Nawanshahr.

Heard.

Report of the trial Court has been received as per which 7 out of 12 witnesses have been examined while two witnesses are living abroad. Learned State counsel submits that the prosecution will initiate steps for examination of witnesses, namely, Karanjit Singh and Davinder Singh, who are living abroad, through video conferencing. The petitioner was declared proclaimed offender on 13.04.2006. He was arrested on 12.12.2017 and since then he is in custody. In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take JITENDER KUMAR 2018.09.06 09:23 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-18614 of 2018 -2considerably long time, the present petition is allowed. Petitioner-Sandeep Kumar @ Lala is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

September 05, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2018.09.06 09:23 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH