Sandeep Singh v. State Of Punjab

2023:PHHC:075471

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-13233-2023 Date of Decision: May 24, 2023 SANDEEP SINGH ........ Petitioner

Versus

STATE OF PUNJAB ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. J.S. Brar, Advocate for the petitioner.

Mr. Amit Shukla, AAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 439 CrPC, prayer has been made for grant of bail pending trial in case FIR No.06 dated 15.01.2023 registered under Sections 382 and 34 of IPC, 1860 and Sections 25 and 27 of Arms Act, 1959 at P.S. Sadar Kotakpura, District Faridkot.

2.

As per allegations, the petitioner along with two other coaccused entered the medical store being operated by the complainant and snatched Rs.40,000/- from his pocket besides one 0.32 Bore revolver.

3.

Learned counsel for the petitioner submits that the investigation in the present case stands concluded with the filing of challan and the petitioner prays for grant of regular bail. 4.

On the other hand, learned State counsel opposes the prayer while submitting that petitioner along with his accomplices forcibly entered into medical store and snatched Rs.40,000/- from the complainant and thus they do not deserve concession of regular bail. TEJWINDER SINGH 2023.05.25 09:35 I attest to the accuracy and integrity of this document

2023:PHHC:075471 CRM-M-13233-2023 -25.

I have heard learned counsel for the parties and gone through the paper-book. I find substance in the submissions made by learned counsel for the petitioner.

6.

Considering the fact that the petitioner is behind the bars for a period of almost 4 months and investigation already stands concluded besides the fact that the complainant has even been examined, though out of 14 witnesses, 12 are yet to be examined, thus the trial is likely to take some time, I do not deem it appropriate to extend the incarceration of petitioner. One of the factors which weighed in my mind is the young age of the petitioner and the fact that he happens to be the first offender.

7.

In view of the discussions made herein-above, without commenting upon merits of the present petition, the same is allowed. Petitioner is ordered to be released on bail subject to his furnishing of adequate bail bonds/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

8.

However, in case the petitioner indulges himself in similar kind of activity, the prosecution as well as complainant shall be at liberty to seek cancellation of the bail granted in favour of the petitioner in the present case.

24.05.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.05.25 09:35 I attest to the accuracy and integrity of this document