High Court of Punjab and HaryanaCRM-M/14372/2020allowed

Gurpreet Singh Alias Gopi v. State Of Punjab

2020-07-08Mrs. Justice Alka Sarin2 pages

YOGESH SHARMA 2020.07.09 14:59 I attest to the accuracy and integrity of this document CRM-M-14372-2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14372-2020 (O&M) Date of decision : 08.07.2020 Gurpreet Singh @ Gopi ... Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mrs. Gursharan K. Mann, Advocate for the petitioner.

Mr. Luvinder Sofat, DAG, Punjab.

**** ALKA SARIN, J. (ORAL) Heard through video conferencing.

This is a petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.82 dated 22.08.2019 under Sections 379-B/34 of the Indian Penal Code, 1860 (Sections 397/411/201/324/326 of IPC were added later on), registered at Police Station Ramdas, District Amritsar Rural. It has been contended by learned counsel for the petitioner that Gurpreet Singh @ Gopi has been in custody since 30.08.2019. She has further contended that since the petitioner and the complainant have entered into a compromise (copy of the compromise has been annexed as Annexure P-1 along with the petition) hence it would be a futile exercise since there is no likelihood of the trial proceeding any further.

YOGESH SHARMA 2020.07.09 14:59 I attest to the accuracy and integrity of this document CRM-M-14372-2020 (O&M) Learned counsel for the State on instructions from ASI Sukhwinder Singh has contended that the challan has already been presented on 23.11.2019 and there are 29 witnesses, out of which, none has been examined so far.

In view of the above and without expressing any opinion on the merits of the case and considering the facts that the petitioner has remained in custody since 30.08.2019 and that the complainant and the petitioner have entered into a compromise as also the conclusion of the trial would take some time, I deem it appropriate to allow the present petition and the petitioner shall be released on bail on furnishing bail and surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. However, it would be open for the prosecution to apply for cancellation of bail in case the petitioner is found misusing the concession of the bail.

08.07.2020 Yogesh Sharma ( ALKA SARIN ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No