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High Court of Punjab and HaryanaCRM-M/29759/2018allowed

Rahul Kumar v. State Of Punjab

2018-08-16Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.29759 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.29759 of 2018 Decided on: 16.08.2018 Rahul Kumar ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Chandan Singh Rana, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.122 dated 21.05.2018, for offence punishable under Sections 379(B), 411 of the Indian Penal Code, 1860 (in short 'IPC'), registered at Police Station Division No.8, Ludhiana District Ludhiana.

Counsel for the petitioner has submitted that the petitioner is the first offender and he is not involved in any other case and as per the allegation in the FIR, he had snatched the purse of the complainant. It is further submitted that the petitioner is in custody since 21.05.2018 and challan has already been presented and it will take some time in conclusion of the trial.

Counsel for the State, on instructions from ASI Gurdial Singh has submitted that the recovery of purse containing Rs.175/- was effected from the petitioner, however, it is not disputed that the MOHD YAKUB 2018.08.17 10:12 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.29759 of 2018 petitioner is the first offender.

Without commenting anything on merits of the case and considering the fact that the petitioner is the first offender; he is not involved in any other case; challan has already been presented and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 16.08.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.08.17 10:12 I attest to the accuracy and authenticity of this document High Court, Chandigarh