Gurwinder Singh Alias Gori v. State Of Punjab

 





IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

 

Date of Decision:21.05.2024
 



 ....Petitioner

VERSUS

     ....Respondent CORAM:- HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Chahit Bansal , Advocate for the petitioner.

******* KARAMJIT SINGH, J.

1.

Prayer in the present petition under Section 439 of Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.66 dated 09.05.2020 registered for the offences punishable under Sections 379-B(2) of IPC and Sections 25, 27, 54, 57 of Arms Act at Police Station Basti Jodehwal Ludhiana.

2.

Counsel for the petitioner submits that petitioner was granted anticipatory bail by the Court of Additional Sessions Judge (Fast Track Special Court), Ludhiana vide order dated 13.08.2020 (Annexure P-2). Thereafter the petitioner jumped bail on 01.08.2022 as he failed to appear in the Court concerned due to some unavoidable circumstances and thereafter he was arrested on 10.07.2023 and since then he is in custody and that trial is not progressing ahead. Counsel for the petitioner further submits that petitioner is already on bail in one another criminal case Priyanka Thakur 2024.05.22 18:03 I attest to the accuracy and integrity of this document

 

faced by him. That in the given circumstances, no useful purpose going to be served by detaining the petitioner in custody for any longer period. 3.

Notice of motion.

4.

Mr. Kuljit Singh, Addl.A.G., Punjab accepts notice on behalf of State and on instructions from ASI Karanjit Singh submits that petitioner jumped bail on 01.08.2022 and thereafter arrested on 10.07.2023 and is presently lodged in jail and that the trial is at its initial stage.

5.

In light of the above, as earlier the petitioner was given concession of anticipatory bail vide order order dated 13.08.2020 (Annexure P-2) and the petitioner is now incarcerated since 10.07.2023 and the trial is not moving ahead, no purpose is going to be served by keeping the petitioner in custody for any longer period. 6.

In view of the above, without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

(KARAMJIT SINGH) JUDGE 21.05.2024 Priyanka Thakur Whether speaking/reasoned Yes/No Whether reportable Yes/No Priyanka Thakur 2024.05.22 18:03 I attest to the accuracy and integrity of this document