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High Court of Punjab and HaryanaCRM-M/13260/2022allowed

Navjot Singh Alias Sunny v. State Of Punjab

2022-05-24Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-13260-2022 (O&M) Date of Decision:-24.5.2022 Navjot Singh @ Sunny ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Dinesh Nagar, Advocate for the petitioner. Mr. Tanvir Joshi, AAG, Punjab, assisted by ASI Kulwinder Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.0045 dated 13.2.2022, Police Station Division No.6, Police Commissionerate, Ludhiana, under Sections 379-B and 34 of Indian Penal Code.

2.

The FIR was lodged on the basis of a secret information received by the police to the effect that Navjot Singh @ Sunny (petitioner), Palwinder Singh @ Teji and Sunny @ Sunny Kumar indulged in snatching mobiles from migrant labourers and that they were having a three-wheeler bearing registration No.PB10HC-6758, which they were using to rob migrant labourers. Pursuant to receipt of said information, the police swung into action and raised barricades and was able to apprehend all the three persons while they were travelling in the said three-wheeler. 3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case solely on the basis of secret information and PANKAJ KAKKAR 2022.05.24 17:17 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-13260-2022 (O&M) that it is not the case of the prosecution that the accused was ever caught while committing any offence. Learned counsel has submitted that since the co-accused Sunny @ Sunny Kumar has already been granted bail by this Court, the petitioner also deserves the same concession on grounds of parity. 4.

Opposing the petition, learned State counsel has submitted that since the name of the petitioner specifically figures in the FIR and the petitioner happens to be involved in three other cases, his complicity is clearly evident. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 3 months and 10 days and that challan already stands presented. It has also been informed that as many as 12 PWs have been cited and that charges are yet to be framed. 5.

I have considered rival submissions addressed before this Court. 6.

Without commenting anything as regards the veracity of the allegations as leveled in the FIR, but while noticing that the petitioner has been behind bars for a substantial period of about 3 months and 10 days and challan already stands presented and also the fact that the co-accused Sunny @ Sunny Kumar has already been granted bail, further detention of the petitioner will not serve any useful purpose as the conclusion of trial will take some time. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 24.5.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.05.24 17:17 I attest to the accuracy and authenticity of this document