Saroj Paswan Alias Maua v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 02.08.2025 Saroj Paswan @ Maua . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Vishavjeet Singh Rishi, Advocate for the petitioner(s).

Mr. Manjinder S. Bhullar, DAG, Punjab and Mr. B.P. Singh, AAG, Punjab.

**** SANJAY VASHISTH, J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) FIR No.

Date Section(s) Police Station District Saroj Paswan @ Maua 156 30.11.2024 304, 307 of BNS, 2023 [S.

Division No.8 Ludhiana 317(2) & 317(4) of BNS added later on] 2.

It is contended that, as per the allegations, a cash amount of 10,000/-, along with an ICICI Bank ATM card, Aadhaar card, PAN card, ₹ driving licence, school ID card, and two iPhones, were snatched by the petitioner from the complainant/victim, Babli Rani, on 30.11.2024. 3.

Further contended that after registration of the FIR, investigation was carried out, during which a motorcycle bearing registration No. PB10-HS5573 and an iPhone 16 Pro Max were recovered from the possession of the petitioner. He has been in custody for more than seven months since his arrest

- 2 - on 02.12.2024. The investigation has been concluded, and the challan has also been filed before the trial Court; however, recording of prosecution witnesses is yet to commence.

Jointly, counsel for both the sides informed that the petitioner is also involved in one more case, i.e., FIR No. 157 dated 30.11.2024, under Sections 304 and 317(2) of the BNS, 2023, registered at Police Station 8 (Kailash Chowk), Ludhiana. Notably, the said FIR was also registered on the same day, though in that case, petitioner has already been granted the concession of bail.

4.

Per contra, learned State counsel, while opposing the prayer for bail, submits that a sum of 10,000/-, along with various identification cards ₹ and two iPhones, were snatched by the petitioner from the complainant. It is further submitted that during investigation, one iPhone and the motorcycle used in the offence were recovered from the petitioner's possession. Although challan has been filed, however, trial proceedings are yet to commence. The petitioner is also involved in another FIR, registered the same day under serious offences.

5.

Heard.

6.

Stage of proceedings also, cannot be ignored because, after completing investigation, challan has been filed, and trial is yet to commence, as the recording of statements of prosecution witnesses has not started. 7.

After hearing the submissions of both sides and perusing the averments made in the petition, including the fact that both the FIRs, including the present one, have been registered against the petitioner simultaneously, and culpability of the petitioner is yet to be determined during the course of trial, this Court is of the opinion that the petitioner's prayer for bail deserves

- 3 - consideration at this stage.

8.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. 9.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

10.

The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record. 11.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE August 02, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No