Surjit Kumar v. State Of Punjab

CRM-M-25100 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-25100 of 2017 Date of Decision: 21.07.2017 Surjit Kumar ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Ms. Jigyasa Tanwar, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.120 dated 05.05.2017 registered for offences punishable under Sections 382, 171 read with Section 34 of Indian Penal Code (for short, "IPC") at Police Station Division no. 5 Ludhiana, District Ludhiana. (Challan has been presented under Sections 395 and 412 IPC). Heard.

Notice of motion.

On asking of the court, Mr. Ajay Pal Singh Gill, DAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

Learned counsel for the petitioner submits that co-accused, namely, Mani Kumar @ Tinku, with similar allegations has been allowed bail vide order dated 07.07.2017 passed in CRM-M-23002 of 2017. Seeking parity with co-accused-Mani Kumar @ Tinku, she seeks bail for the Jitender Kumar 2017.07.21 15:27 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-25100 of 2017 -2petitioner as well.

Learned State counsel submits that name of the petitioner was disclosed by co-accused during the course of investigation. Applying the principle of parity with co-accused-Mani Kumar @ Tinku but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Surjit Kumar is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

July 21, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.21 15:27 I attest to the accuracy and integrity of this document CHANDIGARH