← Library
High Court of Punjab and HaryanaCRM-M/15227/2021disposed of

Jagmit Singh v. State Of Punjab

2021-12-14Mrs. Justice Alka Sarin3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 14.12.2021 Jagmit Singh ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Gurmohan Singh Bedi, Advocate and Mr. Pawandeep Singh, Advocate for the petitioner. Mr. S.S. Deol, DAG Punjab.

**** ALKA SARIN, J. (ORAL) Heard in physical mode.

This is the third petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.0078 dated 30.07.2018 under Section 395 of the Indian Penal Code, 1860 (IPC) and Sections 25/27 of the Arms Act, 1959 registered at Police Station Mahilpur, District Hoshiarpur. The earlier petitions filed by the petitioner being CRM-M Nos.46622 of 2019 and 35339 of 2020 were dismissed as withdrawn vide orders dated 23.09.2020 and 27.11.2020, respectively. Learned counsel for the petitioner would contend that the petitioner has been in custody since 29.04.2019 and that the petitioner was arrested in FIR No.21 dated 10.03.2019 under Sections 392, 397, 379-B, 506 IPC and Sections 25, 54, 59 of the Arms Act and on the basis of an alleged

-2disclosure statement made by him on 10.03.2019 the petitioner was nominated in 15 other cases. The present FIR is one of them. Learned counsel for the petitioner would further contend that the petitioner has since been acquitted in FIR No.21 dated 10.03.2019. It has further been contended by learned counsel for the petitioner that the petitioner has been granted bailin all the cases in which he was nominated after his arrest on 10.03.2019. In compliance of order dated 26.10.2021, learned counsel for the State has filed an affidavit dated 04.12.2021 of Sh. Narinder Singh, PPS, Deputy Superintendent of Police, Sub Division Garshankar, District Hoshiarpur wherein it has specifically been stated that the petitioner was nominated in 15 cases after his arrest in FIR No.21 dated 10.03.2019 on the basis of his disclosure statement. Learned counsel for the State is not in a position to deny that the petitioner has since been acquitted in FIR No.21 dated 10.03.2019 vide judgment dated 07.09.2021 passed by the Court below.

Heard learned counsel for the parties.

In the present case the petitioner was nominated in 15 cases on the basis of the alleged statement made on 10.03.2019 when he was arrested in FIR No.21 dated 10.03.2019. The petitioner since stands acquitted in FIR No.21 dated 10.03.2019 and has since been granted bail in all other cases. Today, learned counsel for the State has filed an affidavit dated 04.12.2021 of Sh. Narinder Singh, PPS, Deputy Superintendent of Police, Sub Division Garshankar, District Hoshiarpur in which it is not denied that the petitioner

-3was nominated in as many as 15 cases after his arrest on 10.03.2019 in FIR No.21 dated 10.03.2019 only on the basis of a disclosure statement suffered by the petitioner.

In view of the above and considering the fact that the petitioner has been in custody since 29.04.2019 and that the trial is likely to take some time to conclude, no useful purpose would be served by keeping the petitioner behind the bars any further. Without commenting upon the merits of the case, I deem this to be a fit case to grant the concession of regular bail to the petitioner. The petitioner is directed to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Illaqa Magistrate/Duty Magistrate/Trial Court concerned. However, the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.

It is also made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case. Disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 14.12.2021 Yogesh Sharma