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High Court of Punjab and HaryanaCRM-M/25883/2015allowed

Rajeev Sood v. State Of Punjab

2015-08-13Mr. Justice T.H.B. Chalapathi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-25883 of 2015 Date of Decision: 13.8.2015 Rajeev Sood --Petitioner.

Vs.

State of Punjab --Respondents.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. Gopal Singh Nahel, Advocate for the petitioner.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks bail pending trial in FIR No. 19 dated 23.1.2015 under Sections 419/420/467/468/471/120-B IPC, registered at Police Station Division No.5, Civil Lines, Ludhiana. Notice to the Advocate General, Punjab.

On the asking of the Court, Mr. K.D.Sacheva, Additional A.G. Punjab, accepts notice on behalf of the State. Learned counsel for the petitioner submits that since petitioner was not named in the FIR, there was no scope of levelling any allegation against him. He also places reliance on two orders of this Court dated 26.3.2015 passed in CRM-M-8587 of 2015 (Rajat Mittal Vs. State of Punjab) and dated 1.7.2015 passed in CRM-M20468 of 2015 (Kamaljit Thakur Vs. State of Punjab) whereby abovesaid co-accused of the petitioner have been granted the concession of bail pending trial. He prays for allowing the present petition.

AMIT KUMAR 2015.08.13 18:06 I attest to the accuracy and authenticity of this document

CRM-M-25883 of 2015 On the other hand, learned counsel for the State, on instructions from H.C. Harphool Singh, submits that although it is a matter of record that petitioner was not named in the FIR, yet since during the course of investigation, he has been found involved in the crime, petitioner is not entitled for bail pending trial. He prays for dismissal of the present petition.

Having heard the learned counsel for the parties at considerable length and after careful perusal of the record of the case, particularly abovesaid two orders passed by this Court whereby co-accused of the petitioner have been granted bail pending trial, petitioner has also been found entitled for the concession of bail pending trial. It is a matter of record that petitioner was not named in the FIR. Supplementary challan was filed against the petitioner only on 7.6.2015. Since the charges are yet to be framed, conclusion of the trial will take some time.

In view of the above and without commenting anything further on the merits of the case, lest it should prejudice the rights of either of the parties, present petition is allowed. Petitioner is directed to be released on bail pending trial, on his furnishing adequate bail bonds/surety bonds to the satisfaction of the learned trial court. Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 13.8.2015 AK Sharma AMIT KUMAR 2015.08.13 18:06 I attest to the accuracy and authenticity of this document