High Court of Punjab and HaryanaCRM-M/19931/2017allowed

Sham Singh v. State Of Punjab

2017-08-03Mr. Justice Arvind Singh Sangwan2 pages

CRM No.M-19931 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-19931 of 2017 Decided on: 03.08.2017 Sham Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Ms. Gurvir Kaur Gill, Advocate for the petitioner.

Mr. K.S. Sidhu, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.98 dated 12.07.2012, for offence punishable under Sections 452, 341, 427, 506, 148 and 149 of the Indian Penal Code, 1860 (in short 'IPC') registered in Police Station Dharamkot, District Moga. Counsel for the petitioner has submitted that co-accused of the petitioner have faced the trial Court and have already been acquitted by the trial Court. Counsel for the petitioner further submits that there is no direct attribution of any injury to the petitioner. Counsel for the petitioner further submits that the petitioner is in judicial custody since 31.12.2016; all the offences are triable by the Court of Magistrate and it will take long time in conclusion of the trial.

Custody Certificate filed in the Court is taken on record. Counsel for the State has not disputed the factual assertions but opposed the prayer for bail. Counsel for the State submits Mohd. Yakub 2017.08.

CRM No.M-19931 of 2017 that the petitioner is involved in three more cases, however, the details of the FIR shows that these cases relates to the year 2009, 2012 and 2015.

I have heard counsel for the parties and perused the paperbook.

Considering the fact that the petitioner has already been granted bail in other cases and suffered incarceration for a period of 07 months and 02 days and the fact that conclusion of the trial will take some time, without meaning to express any opinion on merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on furnishing bail/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate, Moga.

(ARVIND SINGH SANGWAN) JUDGE 03.08.2017 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.08.04 15:26 I attest to the accuracy and authenticity of this document Chandigarh