Jasveer Singh@Annu v. State Of Ut Chd

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 12781 of 2022 Date of Decision: 22.04.2022 Jasveer Singh @ Annu .......... Petitioner

Versus

State of U.T., Chandigarh .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Parminder Singh Sekhon, Advocate, for the petitioner.

Mrs. Sudha Singh, Advocate, for Mr. Yashwant Singh Rathore, APP, U.T., Chandigarh for the respondent.

**** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition cast under Section 439 Cr.P.C., seeks grant of regular bail in case FIR No. 49 of 22.06.2021, which was registered against him, at Police Station North Chandigarh, District U.T., Chanidgarh, constituting therein offences under Sections 379, 411 of the Indian Penal Code.

2.

The bail applicant-petitioner is stated to be suffering judicial incarceration since 24.02.2022.

3.

The learned vice counsel, appearing on behalf of the U.T., Chandigarh, on instructions, meted to her, by the Investigating Officer (IO), submits, that all the relevant recoveries have been effected at the instance of the bail applicant / petitioner, to the IO concerned, and, that after completion of the entire investigation in the FIR (supra), a report under Section 173 of the Cr.P.C., has been filed, before the learned Magistrate concerned, and, that no further cooperation of the bail applicant / petitioner, is required, in

CRM-M No. 12781 of 2022 -2the relevant investigations.

4.

Bearing in mind the afore, and, also bearing in mind the fact, that the bail applicant is suffering judicial incarceration since 24.02.2022. Therefore, it is not deemed fit to order for any prolongation of the judicial incarceration of the petitioner, as, thereupon, his personal liberty would become unnecessarily curtailed and fettered. Contrarily, it is deemed appropriate to admit to bail, the bail petitioner. 5.

However, the learned vice counsel, appearing on behalf of the U.T., Chandigarh, opposes the grant of bail to the bail applicant, on the ground that the bail applicant is a habitual offender. 6.

The afore made submission is benumbed, upon this Court, making stringent conditions upon the bail applicant, inasmuch as, his making an undertaking before the learned trial Court, that he shall not reindulge in any criminal activity, whereupon, on breach threreof, the benefit of regular bail, as granted to him shall become ipso facto annulled, leaving liberty to the Arresting Officer, to forthwith arrest him, and, to thereafter, produce the bail applicant before the learned Magistrate concerned, for appropriate directions, vis-a-vis, an order of judicial custody being made, upon him.

7.

Consequently, with condition (supra), the instant petition is allowed, and the bail applicant - petitioner is ordered to be released from judicial custody, on his furnishing personal and surety bonds in the sum of ` 50,000/- each, before the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned, and, also subject to his not tampering with prosecution evidence, and/or not influencing prosecution

CRM-M No. 12781 of 2022 -3witnesses, and, also his appearing before the trial Court concerned, as and when he is required to be making his personal appearance unless validly exempted.

April 22, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No