Balwinder Singh @ Baljinder Singh And ANR v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-15330 of 2020 (O&M) Date of Decision: 01.07.2020 Balwinder Singh @ Baljinder Singh and another É.Petitioners

Versus

State of Punjab ÉRespondent CORAM : HONÕBLE MR. JUSTICE ARUN MONGA

Present:

Mr. Karanjeet Singh Brar, Advocate, for the petitioners.

Ms. Bhavna Gupta, DAG, Punjab.

(Presence marked through video conference) *** ARUN MONGA, J. (ORAL) The petitioners are seeking regular bail in case FIR No.44 dated 11.03.2020 under Section 379-B/34 IPC registered at Police Station Maur, District Bathinda arising out of allegation of mobile snatching from the complainant.

2.

Learned counsel for the petitioners contends that there is delay of two days in registration of the FIR. The petitioners are not even named in the FIR. They have been involved in the present case on the basis of disclosure statement of co-accused Paramjit Singh. The petitioners are stated to be in custody since 17.03.2020.

3.

Notice of motion.

4.

Ms. Bhavna Gupta, DAG, Punjab, who has joined the proceedings on service of advance copy of petition, accepts notice on behalf of State of SONU 2020.07.01 17:33 I attest to the accuracy and integrity of this document

Punjab and submits that investigation of the case is already over and challan has been filed.

5.

Without commenting on the merits of the case, this Court is of the view that since challan has already been filed before the Court and investigation of the case is complete, no further preventive custody of the petitioners is required. Therefore, no useful purpose would be served by keeping the petitioners behind the bars as they have already been confined for three months. The trial of the case is not likely to either commence or conclude any time soon due to current pandemic conditions which have slowed down the court process.

6.

Accordingly, the petition is allowed. The petitioners are ordered to be released on regular bail on their furnishing bail bonds and surety bonds to the satisfaction of learned trial Court/Illaqa Magistrate/Duty Magistrate. 01.07.2020 (ARUN MONGA) shalini JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No !

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SONU 2020.07.01 17:33 I attest to the accuracy and integrity of this document