Manvinder Singh @ Mani v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-17891 of 2021 DATE OF DECISION : 19.05.2021 Manvinder Singh @ Mani
...Petitioner
Versus
State of Punjab
...Respondent
CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :
Mr. B. R. Rana-1, Advocate, for the petitioner.
Mr. Sandeep Singh Deol, DAG, Punjab.
(Presence marked through video conference) ARUN MONGA, J. (ORAL) Petitioner seeks regular bail in case FIR No.211 dated 14.08.2020 registered under Section 304/34 IPC at Police Station Division No.6, District Ludhiana.
2.
Per FIR allegations, registered on the statement of father of the deceased on 12.08.2020 at about 12.30 P.M., Sahil Singla (since deceased) left home by saying that he had lost his Aadhar Card. He left home to get a photocopy thereof. He also took Rs.45,000/- from the house to deposit the same in the bank but never to return home. When the complainant called his son on his phone, he replied that he would coming back in some time. However, he did not return and later his cell phone was found switched off. Thereafter, on 13.08.2020 at about 05.30 P.M., the complainant received information that his son Sahil Singla was found lying unconscious in the area of Gurpal Nagar, Ludhiana and the police had taken him to ESI Hospital, Ludhiana. Sahil Singla later expired in the hospital. The allegation against the petitioner is that he
along with others had forcibly administered some contraband to Sahil Singla. Overdose of the same led to his death. Moreover, the amount of Rs.45,000/- was also not found in possession of Sahil Singla. 3.
Learned counsel for the petitioner contends that petitioner has been falsely implicated in the case. He is in custody since 14.08.2020. The investigation is complete and challan has already been filed. 4.
Learned counsel further contends that similarly placed co-accused namely Vinod Singh @ Johny Rawat and Money @ Paris @ Rohit Jain have already been granted the concession of regular bail by a co-ordinate Bench of this Court vide order dated 25.03.2021 passed in CRM-M-3661 of 2021. He contends that on the basis of parity also, the petitioner is entitled to regular bail as the role attributed to him as well as his co-accused is same. 5.
Mr. Sandeep Singh Deol, DAG, Punjab, who has joined proceedings on service of advance copy of the petition, appears and accepts notice on behalf of State and submits that investigation is over as challan has been filed.
6.
On a Court query, learned State counsel does not controvert that allegations qua the co-accused, who have already been granted the concession of regular bail by this Court and the role attributed to the petitioner are same i.e the deceased and the co-accused at the time of administration of alleged over dose were all together. The allegation is that all the co-accused forcibly administered the contraband to deceased Sahil Singla which resulted in his death.
7.
Having heard learned counsel for the petitioner, as well as learned State counsel, this Court is of the view that no useful purpose would be served by keeping the petitioner behind the bars since investigation is over and challan has already been filed. The petitioner is stated to be in custody since
14.08.2020. The trial is not likely to commence or conclude any time soon on account of current pandemic conditions when courts are working under restrictions.
8.
In the premise, the instant petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Illaqa Magistrate/Duty Magistrate. 9.
Disposed of.
(ARUN MONGA) MAY 19, 2021 JUDGE Shalini Whether speaking/reasoned : Yes/No Whether reportable :
Yes/No