Davinder Singh Alias Nandu v. State Of Punjab

2023:PHHC:042825

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.218 CRM-M-13894-2023 Date of Decision : March 23, 2023 Devinder Singh @ Nandu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Gobind Singh Randhawa, Advocate, for the petitioner. Mr. Gurlal Singh Dhillon, AAG, Punjab.

Mr. P.B.S. Goraya, Advocate with Ms. Meher Kaur Cheema, Advocate, for the complainant. ***** SUDHIR MITTAL, J. (ORAL) The petitioner seeks regular bail in FIR No.101, dated 18.05.2022, registered at Police Station Lopoke, Police District Amritsar Rural, under Sections 302, 307, 323, 452, 427, 148, 149 IPC and Sections 25 & 27 of Arms Act, 1959.

Learned counsel for the petitioner submits that identically situated co-accused namely Sona Singh has been granted regular bail by this Court vide dated 25.01.2023 in CRM-M-46337-2022 titled as Sona Singh vs. State of Punjab. The petitioner has already undergone custody in excess of 07 months and there is no other criminal case pending/decided against him. The trial is not likely to be concluded at an early date as examination of Pws has not yet commenced. Thus, the petitioner may be granted regular bail.

ANKUR GOYAL 2023.03.23 14:50 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:042825 CRM-M-13894-2023 --2-- Custody certificate dated 22.03.2023 checked by Sh.Surinder Singh, Jail Superintendent, Central Jail, Amritsar has been filed in Court. The same is taken on record. A perusal thereof shows that the petitioner has undergone actual custody of 07 months and 12 days and there is no other criminal case pending/decided against him. Learned State counsel concedes that examination of Pws has not yet commenced and that the petitioner is identically situated as aforementioned Sona Singh.

Learned counsel for the complainant submits that the petitioner was a Member of an unlawful assembly threw brickbats. Thus, he does not deserve the concession of regular bail.

From the above facts, it is clear that the petitioner is identically situated as co-accused Sona Singh who has been granted regular bail. Thus, the principle of parity is applicable. The trial is also not likely to be concluded at an early date and the petitioner has undergone actual custody of 07 months & 12 days. Taking all these facts together, I deem it appropriate to grant him regular bail. The petition is accordingly allowed. He is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. March 23, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes Whether Reportable No ANKUR GOYAL 2023.03.23 14:50 I attest to the accuracy and integrity of this order/judgment