High Court of Punjab and HaryanaCRM-M/2493/2018disposed of

Lucky Sabarwal v. State Of Punjab And ANR

2018-03-16Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-2493-2018 Date of decision: 16.03.2018 Lucky Sabarwal

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Arvind Kashyap, Advocate, for the petitioner.

Mr. A.S. Sandhu, Addl. A.G. Punjab.

Mr. Sanjeev Kumar, Advocate, for respondent No.2.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 137 dated 30.10.2016 under Sections 406/ 498-A/ 506 IPC, registered at Police Station Division No.2, Pathankot.

Learned counsel for the petitioner would contend that the petitioner herein has been in custody since 05.12.2017. He further submits that the trial is likely to take some time to conclude. Learned counsel for the respondent-State opposes the grant of bail to the petitioner by contending that in fact investigation is complete, challan is ready to be presented and the trial is likely to conclude shortly. I have heard learned counsel for the parties and in view of the fact that the petitioner herein has been in custody since 05.12.2017 and the Satyawan 2018.03.16 15:53 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-2493-2018 -2trial is likely to take some time to conclude, without expressing any opinion on merits of the case, the present petition is allowed. Petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

(iii) He shall not leave the country without the previous permission of the Court.

16.03.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.03.16 15:53 I attest to the accuracy and authenticity of this document High Court Chandigarh