High Court of Punjab and HaryanaCRM-M/25877/2016allowed

Deepak Sodhi v. State Of Punjab

2016-08-05Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-25877 of 2016 (O&M) Date of Decision: August 05, 2016 Deepak Sodhi

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.D.K.Bhatti, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.118 dated 30.11.2015 under Sections 382 and 34 IPC (Section 397 IPC added later on), registered at Police Station Division No.3, Ludhiana, District Ludhiana. Notice of motion.

On asking of the Court, Ms.Shivali, Asstt. Advocate General, Punjab, who is present in the Court, accepted notice on behalf of the respondent-State and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. Police record is also available.

As per allegations in the FIR, three persons; two clean shaven Vineet Gulati 2016.08.06 14:44 I attest to the accuracy and authenticity of this document Chandigarh and one with Turban, riding on motorcycle, stopped the complainant and

CRM No.M-25877 of 2016 -2others and threw red chilly powder in the eyes of Satish Kumar, brother of the complainant. Out of them, one person attacked with sharp edged weapon on the left arm of the complainant. It is also the allegation that the bag of the brother of the complainant was taken away by those persons. From the record, I find that the present petitioner is not named in the FIR. The co-accused of the petitioner has already been released on bail. The petitioner is not required for investigation and interrogation purposes. He is in judicial custody since 18.12.2015. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. August 05, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.08.